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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Ligimol James – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
The petitioners are working as Assistant Professors under the Kerala Veterinary and Animal Science University. The writ petition has been filed to quash Exts.P10 and P12 to P14 to the extent the University has decided not to reckon the prior service of the petitioners as qualifying service for the purpose of promotion/placement under the Career Advancement Scheme. The petitioners have also sought certain other incidental reliefs.
2. The petitioners state that they were inducted into service as Academic Consultants (on deputation basis) from the State Government service in the year 2011. They were appointed as Assistant Professors on regular basis on 07.03.2015. The petitioners state that in the year 2013, another batch of temporary Teachers were appointed as Assistant Professors. They were also doing the same job and taking the same salary.
3. As per Ext.P1 UGC Regulations, the prior service of the petitioners as Academic Consultants is eligible to be counted along with their regular service as Assistant Professors for the purpose of promotion under the Career Advancement Scheme (CAS). However, as per Ext.P10, the University decided to deny the benefit of coun
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.
Eligibility for promotion in academic institutions requires compliance with specific UGC criteria, including submission of a satisfactory Self-Assessment Report and recognized publications.
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.
The judgment established the principle that ad hoc service is eligible for counting under UGC Regulations for promotion and emphasized the requirement for authorities to provide substantive reasons f....
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 – 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.
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
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 seniority of professors promoted under the Career Advancement Scheme is determined by their date of eligibility as per the Selection Committee's recommendations, as governed by UGC Regulations.
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
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