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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Tissy Mariam Thomas – Appellant
Versus
University Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
The petitioner is an Academician with a Masters Degree in Psychology with NET and Ph.D. The petitioner states that she has regular publications in Scopus and Index Journals and has Authored and Edited Books. She had research projects, international collaborations and has supervised Ph.D and M.Phil Scholars for the last two decades.
2. The petitioner is now working as the Assistant Professor in the Department of Psychology in the University of Kerala. The petitioner's last appointment by direct recruitment was as per Ext.P1 letter dated 22.03.2017. The petitioner states that the petitioner joined duty on 24.03.2017 and her probation was declared with effect from 24.03.2018 as evident from Ext.P2. The petitioner was appointed with a salary of Rs.18840 + AGP Rs.6,000/-. This is evident from Ext.P3.
3. The petitioner submits that the petitioner had earlier service. The details of which are given below:-
| Designation | Year | Institution |
|---|---|---|
| Lecturer of Psychology | October 2002 -January 2003 | Mother Arts & ScienceCollege, Thrissur |
| Lecturer of Psychology | June 2003 -March 2004 | Prajyothi Nikethan College,Thrissur |
| Research Associate | April 2004 -April 2005 | National Institute for the Mentally |
Previous regular service in academic positions must be considered for promotion under the Career Advancement Scheme, and universities cannot unjustly require specific documents from prior employment.
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
It is not necessary for Selection Committee to give reasons for its conclusion, suffice to state, Supreme Court had given a finding to that effect in cases where the rules do not contemplate so. Ther....
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
Eligibility for promotion in academic institutions requires compliance with specific UGC criteria, including submission of a satisfactory Self-Assessment Report and recognized publications.
The court upheld the University's decision not to count prior service as Academic Consultants for promotion under the Career Advancement Scheme, affirming compliance with UGC regulations.
Ad hoc/temporary service >1 year counts for CAS under UGC Regulations Clause 10.1(f) if by Selection Committee and continued to permanent post without break; court directs reconsideration.
Promotion eligibility under UGC regulations must be honored, and government financial concerns cannot unjustly hinder rightful promotions.
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 main legal principle established is that UGC Regulations, 2010 have prospective effect and candidates who fulfill eligibility criteria before the enforcement of the regulations can be considered ....
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