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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
Rashid M.E., S/o.Ebrahim P.P. – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. eligibility for higher pay band based on service records (Para 1 , 2) |
| 2. government's position on financial constraints affecting pay decisions (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. final determination of eligibility for pay benefits and actions to be taken (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
MOHAMMED NIAS C.P., J.
In W.P.(C) No. 37813 of 2018, the petitioners are Engineering faculty members in various colleges under the 2nd respondent, Institute of Human Resources Development (IHRD). Petitioners 1 to 9 were serving as Assistant Professors, and petitioners 10 to 14 were serving as Lecturers (Selection Grade). They seek placement in the higher pay band of Rs.37,400–67,000 and re-designation as Associate Professors under the AICTE Scheme, based on Ext.P1 G.O.(P) No.389/10/H. Edn dated 07.12.2010, which implemented the AICTE pay revision in the State w.e.f. 01.01.2006. The said benefit was extended to IHRD faculty through Ext.P2 proceedings dated 18.03.2011, on the same terms and conditions, except for arrears.
1.1. The petitioners were granted Selection Grade on various dates between 2010 and 2011, and claim eligibility for re-designation in terms of Clauses 6.1.10 a
The court upheld eligibility for certain faculty members under the AICTE scheme for pay revision while emphasizing that all requests must be treated fairly and in compliance with legal standards.
(1) There is distinction between re-designation and regular appointment – Redesignation cannot be said to be a regular appointment.(2) Promotion – Whenever a Scheme/Policy is brought into force, cete....
The court reaffirmed that all teachers in aided educational institutions must be treated equally regarding career advancement benefits, and any arbitrary deductions in service years violate the princ....
The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure complia....
The Career Advancement Scheme (CAS) is not applicable to the College of Accountancy and Management Studies (CAMS) due to its distinct staffing structure, and eligibility for promotion under the CAS r....
Employees of educational institutions are entitled to pay scales as per government regulations, regardless of management claims of financial incapacity or improper appointment procedures.
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