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ALEXANDER THOMAS, VIJU ABRAHAM
State of Kerala, Represented by its Secretary to the Government, Higher Education Department, Government Secretariat – Appellant
Versus
C. Sreenivasan, S/o. Sreesharan Nair – Respondent
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
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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