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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, C.S. SUDHA, JJ.
State of Kerala, Rep. by the Additional Chief Secretary, Department of Higher Education, Government Secretariat & Ors. - Appellants
Versus
Dr. Louis J. Kattady & Ors. - Respondents
Writ Appeal No. 1865 of 2022
Decided On : 27-01-2023
Constitution of India, 1950 - Article 226 - Teacher - Non-compounded increments - Claim made by petitioner for non-compounded increments on strength of Ph.D acquired by him while in service - Petitioner was not entitled to benefit of Clause as it was applicable only to those teachers who have not been given benefit of advance increment at entry level on strength of his/her Ph.D/M.Phil degree. (Para 12)
Finding of the Court :
Question considered in Ext.P6 judgment as also in W.A. is whether teachers who have been awarded two advance increments on strength of Ph.D acquired by them while in service in terms of Ext.P2 order, are entitled to three additional non-compounded increments also as provided for in Ext.P4 order - Question arising for consideration in this case is as to whether a teacher who entered service with M.Phil and who was awarded two advance increments on basis of M.Phil degree and was denied benefit of additional increment provided for in Ext.P2 order on acquiring Ph.D degree on ground that he has not acquired same within two years, is entitled to three additional non-compounded increments as provided for in Ext.P4 order - As questions are different, Court is of view that conflicting views expressed by this Court in Ext.P6 judgment as affirmed in Ext.P6(a) judgment and in W.A. cannot be an impediment for court to decide case on merits.
Result : Ordered Accordingly.
JUDGMENT :
P.B. Suresh Kumar, J.
This writ appeal is directed against the judgment dated 17.06.2022 in W.P.(C) No.4012 of 2022. Respondents 2, 4 and 5 in the writ petition are the appellants. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.
2. The petitioner was a teacher in an aided college affiliated to the University of Calicut (the University). The matter relates to the claim made by the petitioner for non-compounded increments on the strength of the Ph.D acquired by him while in service.
3. The petitioner entered service as Lecturer on 08.11.1996 and retired as Associate Professor on 31.05.2020. When the petitioner entered service, he had M.Phil degree to his credit in addition to the qualifications required for appointment as Lecturer. At the relevant time, the Fifth Scheme of the University Grants Commission (UGC) as accepted by the State Government was applicable to the teachers of affiliated colleges. Ext.P2 is the relevant pages of the order issued by the State Government in this regard. In terms of Ext.P2 order, two advance increments were admissible to those who hold M.Phil. degree at the time of recruitment as Lecturer, and the petitioner was extended the said benefit. While in service, on 16.06.2008, the petitioner acquired Ph.D degree. Though Ext.P2 order provided for one more advance increment for those teachers with M.Phil who acquire Ph.D degree within two years of recruitment, the petitioner was not extended the benefit of the said additional increment, as he could not acquire Ph.D degree within two years of recruitment. In terms of Ext.P2 order, two advance increments were admissible to teachers who acquire Ph.D degree while in service. Insofar as the petitioner was given two advance increments on the strength of the M.Phil degree possessed by him at the time of recruitment and since he could not acquire Ph.D degree within two years of recruitment, he was not entitled to the benefit of the two advance increments provided for those who acquire Ph.D while in service, and he did not raise any claim also for the said benefit.
4. While so, with effect from 01.09.2008, the Government implemented the Sixth UGC Scheme in the State. Ext.P4 is the relevant pages of the order issued by the State Government in this regard. Ext.P4 order provided that teachers who complete their Ph.D degree while in service shall be entitled to three non-compounded increments, if such Ph.D is in the relevant discipline and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course work, evaluation etc. It was clarified in Ext.P4 order that teachers in service who have been awarded Ph.D at the time of coming into force of the Sixth UGC Scheme shall also be entitled to the award of three non-compounded increments even if the University awarding such Ph.D has not yet been notified by the UGC as having complied with the process prescribed by the UGC. Having found that there were a few anomalies in Ext.P4 order as regards the award of non-compounded increments for acquiring Ph.D/M.Phil degrees, the Government issued Ext.P5 order rectifying those anomalies. According to the petitioner, as he was a teacher in service who has been awarded Ph.D degree at the time of coming into force of the Sixth UGC Scheme, he is entitled to three additional non-compounded increments as provided for in Ext.P4 order also. The request made by the petitioner in this regard was turned down by the Director of Collegiate Education as per Ext.P3 order stating that as far as the incentives provided to the teachers for acquiring Ph.D are concerned, the petitioner is governed by Ext.P2 order, and insofar as he has already been given two advance increments on the strength of his M.Phil degree, he is not entitled to any more increments on the strength of his Ph.D degree, as he could not acquire Ph.D within two years of the recruitment. Ext.P3 is the communication issued by th
Point of Law : Clause 6.19 of Ext.P2 order provided that a teacher will be eligible for two advance increments as and when she/he acquires a Ph.D degree in her/his service career.
The court reaffirmed that eligible academic staff must receive due increments and AGP movements as stipulated by UGC regulations, ensuring proper recognition of qualifications and prior service condi....
Advance increments for Ph.D. holders cannot be withdrawn if the degree was obtained before the critical regulatory date.
The main legal point established in the judgment is that the incentive increment for M.Phil. degree is to be granted from the date of the Government order, and the scheme of incentive increment is a ....
Teachers are entitled to incentive increments for higher qualifications relevant to the subjects they teach, as established by G.O. provisions, despite contrary departmental letters.
(1) A clarification must not have effect of saddling any party with an unanticipated burden or withdrawing from any party an anticipated benefit. (2) An explanation/clarification may not expand or al....
Payment of incentive increments based on higher qualifications gained should not be reclaimed unless based on misrepresentation or fraud.
Eligibility for payment of advance increments based on qualifications acquired prior to the effective date of relevant notifications is upheld.
The court allows review of its previous judgment due to the non-production of crucial evidence and documents, which misled the court regarding the salary fixation and entitlement to advance increment....
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