Those with minimum qualifications like LLM are entitled to non-compounded advance increments as per UGC regulations, regardless of state interpretation.

JUDGMENT

Alexander Thomas, J The first respondent herein has filed the instant Ext.P1 Original Application OA No.681/2019 before the Kerala Administrative Tribunal, Ernakulam Bench with the following prayers.

(I) call for the records resulting in Annexure A5 order, set aside the same and direct the respondents to consider Annexure A3 request of the applicant favorably in accordance with Clause 10.3 of Annexure A2 Order.

(ii) pass such other orders as is deemed fit and proper by this Hon'ble Tribunal.

2. The Tribunal after hearing both sides has rendered the impugned Ext.P3 final order dated 21.01.2020 whereby OA (EKM) No.681/2019 has been finally disposed of, with the finding that with the adoption of the UGC Regulations, 2010 by the State Government, the respondents in the OA are legally obliged by the provisions therein, as has been held by the Full Bench of this Court in Radhakrishna Pillai Vs. Travancore Devaswom Board 2016 (2) KLT 245(FB) and that therefore, the applicant who is a Assistant Professor of law, who is admittedly having the qualification LLM as on the date of entry in service is entitled to get two non-compounded advance increments going by the prescriptions in Clause 10.3 of Annexure A2 norms issued by the State Government adopting the UGC norms as well as Clause 9.3 of Annexure A3 UGC Regulations and that accordingly the respondents in the OA shall sanction the said two non-compounded advance increments to the applicant, within three months. It is this final verdict of the Tribunal rendered at Ext.P3 on 21.01.2020 in the above OA that is under challenge in this Original Petition filed under Articles 226 and 227 of the Constitution of India, at the behest of State of Kerala and the Principal Secretary to Government in the Higher Education Department etc. The prayers in the instant Original Petition (KAT) is as follows:

“to set aside Ext.P3 order dated 21.01.2020 in O.A. (EKM)

No.681/2019 and to dismiss the Original Application.”

3. Heard Sri.Saigi Jacob Paletty, learned Sr.Government Pleader appearing for the petitioners in the OP/respondents 1 & 2 in the OA, Sri.Philip.T.Varghese, learned Counsel appearing for R1 in the OP/sole applicant in the OA before the Tribunal and Sri.S.Krishnamurthy, learned Standing Counsel appearing for UGC appearing for R2 in the OP/R3 in the OA.

4. According to the applicant, she has secured LLB & LLM degree and she had possessed all the requisite qualifications for being appointed as Asst. Professor of Law in the various Universities in the State, as going by the prescriptions of qualifications made in UGC regulations, and the State norms adopting such UGC regulations. That she had been appointed as Asst. Professor in Law in the Government Law Colleges in the State, consequent to regular selection made by the Kerala Public Service Commission etc. Further that, Annexure A3 UGC Regulations, 2010 has been duly adopted by the Government of the State of Kerala and Annexure A2 is the State norms in that regard. Further that, Clause 9.3 of Annexure A3 UGC norms as well as Clause 10.3 of Annexure A2 State norms adopting the UGC norms stipulates that those Lecturers/Asst. Professors who possess Post Graduate Degree in professional course such as LLM/M.Tech etc, recognized by the relevant statutory body/council shall be entitled to two non-compounded advance increments at the entry level. That the applicant has made request for the grant of the said two non-compounded advance increments to her, by virtue of the above said prescriptions in the UGC norms and the State norms at Annexure A3 and A2 respectively. The claim in that regard was made by her as per Annexure A3(1) letter dated 14.01.2018 addressed to the Principal Secretary to Government, Higher Education Department. That it appears that the State and the Departmental authorities have taken the stand that going by Clause 11.5 of Annexure A2 State norms, anomalies in the implementation of pay scales will be brought to the notice of the D