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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Kanjana G. – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. basis of appellant’s claim and qualifications. (Para 1 , 2) |
| 2. court's analysis of regulations and notifications. (Para 3) |
| 3. court's reasoning on qualifications and increments. (Para 4 , 10) |
| 4. contentions of the parties regarding entitlements. (Para 5 , 6 , 7 , 8) |
| 5. dismissal of the writ appeal. (Para 11) |
JUDGMENT :
Muralee Krishna, J.
The petitioners in W.P.(C)No.7028 of 2019 are before this Court with this writ appeal filed under Section 5(i) of the KERALA HIGH COURT ACT , 1958, challenging the judgment dated 11.09.2024 passed by the learned Single Judge in the writ petition filed by them under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 proceedings dated 22.01.2019 issued by the 2nd respondent Director, LBS Centre for Science and Technology; to issue a writ of mandamus commanding respondents 1 to 3 to continue payment of advance increment already granted to the appellants with usual allowance thereof, so long as Exts.P1 to P3 orders are in force; and to direct the respondents 2 and 3 to refund the amount already recovered from the appellants.
2. Going by the averments in the writ petition, the appellants were appointed as L
Appellants denied advance increments as the M.Tech qualification became a basic requirement post-implementation of new regulations; advancements in qualification do not entitle retroactive benefits.
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....
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
Denial of advance increments based on alleged lack of prior approval violates principles of fairness; similarly circumstanced individuals were granted benefits, constituting discrimination under Arti....
Prior permission is not required for teachers to claim incentive increments for higher qualifications.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
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