A qualified lecturer's previous service should be recognized for promotion under UGC's Career Advancement Scheme despite prior deployment.

JUDGMENT :

N.NAGARESH, J.

The petitioner, who is working as Lecturer Senior Scale in the Department of Economics, St. Thomas College, Ranni, seeks to quash Ext.P30 government advice and to declare that he is entitled to placement/promotion as Assistant Professor Selection Grade / Associate Professor under the Career Advancement Scheme (CAS) of the UGC in the light of Ext.P32 G.O. dated 10.10.2025 and Ext.P33 G.O. dated 22.01.2025.

2. The petitioner was appointed as Junior Lecturer (Pre Degree) in Mar Athanasius College, Kothamangalam on 16.09.1996 on the recommendation of a statutory selection committee consisting of Government nominee and University Subject Experts, as prescribed in the Mahatma Gandhi University Act, 1985 and the statute. The said appointment was approved by the Deputy Director of Collegiate Education as per Ext.P2.

3. Consequent to the implementation of Pre Degree (Abolition) Act, 1997, the petitioner was deployed to Government Higher Secondary School, Erattupetta on working arrangement as per Ext.P3 order dated 09.04.2003. When a substantive vacancy arose in St. Thomas College, Ranni, the petitioner was selected for appointment as Lecturer. The petitioner requested the Mar Athanasius College to relieve him from service with effect from 29.07.2009 to join as Lecturer in St. Thomas College, Ranni. The petitioner was duly qualified to be appointed as Lecturer as he had already passed UGC NET examination in the year 2000. The petitioner had also secured Ph.D Degree in 2021-2023. The petitioner became eligible for grade promotion as Associate Professor.

4. The petitioner states that he qualified the UGC NET examination in 2000 before his deployment in 2003 to Government Higher Secondary School, Erattupetta. The petitioner was relieved from Mar Athanasius College on 29.07.2009 and joined St. Thomas College, Ranni on 30.07.2009.

5. The Mahatma Gandhi University approved the appointment of the petitioner as Assistant Professor as per Ext.P7 order dated 17.02.2011. The petitioner sought promotion and placement as Senior Scale Lecturer and Selection Grade Lecturer counting his previous service rendered in Mar Athanasius College and Government Higher Secondary School. His request was rejected by the MG University as per Ext.P8 letter dated 03.01.2012. The petitioner thereupon approached the Government. The matter was placed before an Adalat conducted by the Department of Higher Education on 22.02.2019. A decision was taken as per Ext.P9 directing the petitioner to submit a new proposal to the University.

6. The Mar Athanasius College submitted Ext.P10 proposal on 21.03.2019. The petitioner's promotion to Lecturer Senior Scale with effect from 24.12.2006 was approved by the MG University as per Ext.P11.

7. The petitioner states that with his UGC NET qualification and Ph.D Degree, he is entitled to be promoted as Associate Professor. However, Ext.P11 appointment of the petitioner has not been approved by the Government. The petitioner states that in view of Ext.P13 GO dated 01.06.2012, Teachers who were appointed in the Pre Degree vacancies are eligible for placement under the Career Advancement Scheme. One Sri. Ouseppachan K.V. and Sr. Gracy C.C., who were deployed to Government Schools at the time of delinking Pre Degree, were given placement under the CAS.

8. The Mar Athanasius College has been engaging the petitioner in Degree and PG classes as evidenced by Ext.P26. The Mahatma Gandhi University has deputed the petitioner as Examiner to another Arts and Science College as per Ext.P27. But, to the surp