IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SAMUEL MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Since common issue is raised in both these writ petitions they are heard and disposed of together by a common judgment, in which WP(C) No.10699 of 2020 is treated as the leading case.
2. The breif facts necessary for disposal of the writ petition are as follows:-
Petitioner joined service as lecturer in physics in UC College, Aluva in 1988. On 01.01.2009 the petitioner became eligible to be appointed and designated as professor according to paragraph 6.1.13 of Ext.P1 Government Order regarding the implementation of the UGC scheme. The relevant paragraph 6.1.13 reads as follows:-
“Associate Professor completing three years of service in the A.G.P. of Rs.9,000/- and possessing a Ph.D. degree in the relevant discipline shall be eligible to be appointed and designated as Professor, subject to other conditions of academic performance as laid down by the U.G.C. and if any, by the University. No teacher other than those with a Ph.D. shall be promoted, appointed or designated as Professor. The pay band of the post of Professors shall be Rs.37,400-67,000 with AGP of Rs.10,000/-”
Based on the same it is the contention of the petitioner that the petitioner satisfied the above condition
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Point of Law : Fictional benefit - The benefit(s) thereof, as granted to the beneficiary concerned, hence under the Career Advancement Scheme, rather is a benefit attached to the incumbency/ post, an....
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