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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, VIJU ABRAHAM, JJ.
State of Kerala, Represented by its Secretary to the Government, Higher Education Department, Government Secretariat & Ors. – Petitioners
Versus
Dr. C. Sreenivasan, S/o. Sreesharan Nair & Ors. – Respondents
OP(KAT) Nos. 300, 317, 325 & 335 of 2019
Decided On : 28-03-2022
Kerala Public Service Commission - Applicants are working as Assistant Professors of Mathematics in various Government Institutions - They were appointed as lecturers (now re-designated as Assistant Professors) on advice of Kerala Public Service Commission - Before getting appointment as lecturer as above, all applicants had prior service in equivalent posts/grades, qualified for being reckoned for purpose of grant of career advancement under UGC scheme - Discriminated in matter of granting benefit of placement under UGC Scheme by reckoning their earlier service in aided and self-financing institutions (Para 18).
Findings of the Court :
Court find no justification for not reckoning prior service rendered by applicants before they entered into Collegiate Education Service - In view of fact that benefit of placement under UGC Scheme has been extended to similarly situated employees like applicants, it is only to be held that they have been discriminated in matter of granting benefit of placement under UGC Scheme by reckoning their earlier service in aided and self-financing institutions - Tribunal on consideration of rival contention of parties entered a finding that previous service rendered by applicants in various Government controlled self-financing colleges will come within parameters laid down and same will qualify for being reckoned for grant of placement under Career Advancement Scheme - Court do not find any justifiable reason to interfere with well-considered decision of Tribunal impugned in these Original Petitions.
Result : Petitions dismissed.
JUDGMENT :
Viju Abraham, J.
Since common questions arise for consideration in these Original Petitions, they are accordingly heard and decided together. O.P. (KAT) No. 317 of 2019 and O.P. (KAT) N0.300 of 2019 arise from a common order dated 31.07.2018 in O.A (EKM) No.814 of 2014 and O.A (EKM) No.833 of 2014, O.P. (KAT) No.325 of 2019 arises from order dated 06.02.2019 in O.A (EKM) No.49 of 2019 and O.P. (KAT) No.335 of 2019 arises from order dated 06.02.2019 in O.A (EKM) No.51 of 2019, all decided by the Kerala Administrative Tribunal, Ernakulam Bench. For the sake of convenience, parties will be referred to in this judgment as they are arrayed in the O.A. It will be profitable to state the brief facts of each case dealt with in this judgment.
O.P. (KAT) No. 317 of 2019
Applicants are working as Assistant Professors of Mathematics in various Government Institutions (Govt. Colleges/Govt. Engineering Colleges/Govt. Polytechnic Colleges). They were appointed as lecturers (now re-designated as Assistant Professors) on the advice of the Kerala Public Service Commission. Before getting appointment as lecturer as above, all the applicants had prior service in equivalent posts/grades, qualified for being reckoned for the purp0se of the grant of career advancement under the UGC scheme, the details of which are given below :
| Applicants | Date of entry in service as Assistant Professor | Period of prior service | Name of the Institution/s where the applicants had prior service |
| 1st applicant | 9.2.2005 | (1) From 1.9.2000 to 22.11.2004. (2) From 22.11.2004 to 8.2.2005 | (1) Institute of Human Resources Development (IHRD) (2) M.G. College, Tvm. |
| 2nd applicant | 28.2.2005 | From 13.7.1999 to 26.2.2005 | LBS Engineering College, Kasargode. |
| 3rd applicant | 2.6.2004 | From 1.1.2003 to 1.6.2004 | College of Engineering, Kidangoor under Co-operative Academy of Professional Education (CAPE) |
| 4th applicant | 2.6.2004 | From 3.1.2003 to 1.6.2004 | College of Engineering, Peruman under CAPE. |
The details of prior service of the 1st applicant is evident from Annexures A6 and A7, of the 2nd applicant by Annexure A8, of the 3rd applicant by Annexure A9, and that of the 4th applicant by Annexure A10.
O.P. (KAT) N0. 300 of 2019
The applicant is working as Asst. Professor in Mathematics in Govt. College, Chittoor. He was appointed as lecturer on the advice of the Kerala Public Service Commission and joined the service on 26.09.2001. Before the said appointment as lecturer, the applicant had prior service as lecturer in Mathematics at Sree Chitra Tirunal College of Engineering, Pappanamcode from 22.10.1996 to 25.09.2001 which is an equivalent post qualified for being reckoned for the purp0se of the grant of career advancement under the UGC scheme, the details of which is evident from Annexure A2 and A3 certificates issued by the Sree Chitra Tirunal College of Engineering, Pappanamcode.
O.P. (KAT) No. 325 of 2019
The applicant is working as lecturer in Mathematics in Govt. Polytechnic College, Mattannur, Kannur District, having entered service on 28.02.2005. Before the said appointment as lecturer, the applicant had prior service as lecturer at College of Engineering, Thalassery under CAPE, Kerala from 14.08.2002 to 28.02.2005 which is an equivalent post qualified for being reckoned for the purp0se of grant of career advancement under the UGC scheme, the details of which are evident from Exhibit R1(a) certificate dated 26.05.2007 issued by the College of Engineering, Thalassery.
O.P. (KAT) No. 335 of 2019
The applicant is working as lecturer in Mathematics in Govt. Polytechnic College, Mattannur, Kannur District, having entered service on 03.02.2005. Before such appointment as lecturer, the applicant had prior service as lecturer at College of Engin
Point of Law : Discriminated in matter of granting benefit of placement under UGC Scheme by reckoning their earlier service in aided and self-financing institutions.
Appointment - Government collegiate service.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
Past service in temporary roles can be counted for promotion under Career Advancement Scheme, aligning with UGC regulations; denial of such benefits violates legal rights.
The court upheld the government's order rectifying seniority to ensure fairness and compliance with constitutional principles.
Prior broken service periods can be reckoned for placement under UGC guidelines, leading to discretionary reconsideration of previous decisions.
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