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HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
DR. C.V.THOMAS – Appellant
Versus
THE STATE OF KERALA – Respondent
WA/1093/2021
Placement - Promotion - UGC Regulations - [Various Sections] - The court analyzed the eligibility of the petitioner for promotion based on UGC Regulations and relevant Government Orders, establishing that while promotion cannot be retrospective prior to eligibility criteria, placement should occur at the later allowed date.
Fact of the Case:
The appellant, an Associate Professor, sought to be designated as Professor based on eligibility acquired in 2010 but faced administrative hurdles and subsequent cancellation of eligibility criteria by the Government before his placement was authorized and delayed.
Issues: Whether the appellant was entitled to retrospective placement as Professor before the formal issuance of eligibility criteria under the relevant Government Orders.
Ratio Decidendi: The court concluded that placement cannot be retroactively backdated prior to the eligibility criteria stated in the applicable orders, although approval to place the appellant should occur from the eligibility date under the most relevant Government Order.
Final Decision: The court directed the University to approve the appellant's placement as Professor from 27.03.2010.
J U D G M E N T
A.K.Jayasankaran Nambiar, J The petitioner in WP(C)No.24111 of 2018 is the appellant before us, aggrieved by the judgment dated 09.04.2021 of the learned Single Judge as also aggrieved by the subsequent judgment dated 6.7.2021 in Review Petition No. 424 of 2021 that was preferred by him before the said Judge.. The brief facts necessary for the disposal of the writ appeal are as follows:-
The appellant was working as an Associate Professor in English at the St.Stephen's College, Uzhavoor with effect from 01.01.2006. Pursuant to Ext.P3 Government Order dated 27.03.2010, by which the UGC Scheme of revision of scale of pay of teachers in University/affiliated Colleges etc., came to be accepted by the State Government, the appellant became eligible to be appointed/designated as Professor in view of his completing three years of service as Associate Professor in the AGP of Rs.9,000/- and possessing a Ph.D Degree in the relevant discipline. Ext.P3 Government Order, however, made the eligibility for designation as Professor subject to other conditions of academic performance as laid down by the UGC/the University. The pay band for the post of Professors was also fixed at Rs.37,400 -67,000/- with AGP of Rs.10,000/-.
2. The appellant had earlier approached this Court through WP(C)No.22083 of 2011 when his claim for placement as Professor was not considered by the College/University. The said writ petition was disposed by Ext.P1 judgment dated 18.07.2017, whereby this Court directed the State Government to take a decision regarding implementation of the provisions of the 6th UGC Regulations relating to promotion as Professors, within three months of receipt of a copy of the judgment. Acting on the directions issued from this Court, Ext.P2 Government Order dated 13.10.2017 came to be passed by the Government, whereby, the State Government requested the University to assess the number of posts eligible to be earmarked for Professors in each department of the Colleges affiliated to them and give placement to eligible Associate Professors as Professors in accordance with the conditions laid down in Ext.P3 Government Order dated 27.03.2010, as well as the UGC Regulations of 2010. Immediately thereafter, the Mahatma Gandhi University by Ext.P4 University Order dated 4.11.2017 recommended the procedure for effecting promotions/placements as Professor based on the Government Order referred above. In partial deviation from the terms of the Government Order dated 13.10.2017 the University made a distinction between placements to the post of Professor effected before 18.09.2010 and such placements effected subsequent to 18.09.2010. In the case of the latter it was clarified that the placement would be in accordance with the UGC Regulations , whereas, in the case of the former, it was directed that the placement as Professors would be on the basis of self appraisal report prescribed by the University and to be submitted by the Head of the Institution. Presumably, acting on the basis of Ext.P4 University Order, the Selection Committee that met for considering the issue of placement of the appellant as Professor, recommended his promotion as Professor subject to the Government Order dated 27.03.2010 and the University Order dated 4.11.2017, with effect from 01.0.2009. The said recommendation was forwarded to the Registrar of the University by the Manager of the College by Ext.P7 communication dated 14.12.2017. While matters stood thus, by Ext.P12 Government Order dated 8.2.2018, the Government cancelled Ext.P2 Government Order dated 13.10.2017 which, according to the Government, was misinterpreted by the University while issuing Ext.P4 University Order dated 4.11.2017. Apprehending that the approval to his placement as Professor would not be granted by the University in view of the subsequent developments, including the issuance of Ext.P12 Government Order, the appellant impugned the said Government Order in WP(C)No.24111 of 2018 wh
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