Past service in IHRD cannot be counted for service benefits under existing regulations and statutes.

JUDGMENT

Dated this the 5^th day of February, 2025 [WP(C) Nos.19932/2017 & 21930/2023]

The petitioner is aggrieved by the non-reckoning of his service in the IHRD for the purpose of calculation of service benefits.

2. The petitioner states that he was appointed as Lecturer in IHRD, Thrikkakara on 18.04.1996. The probation of the petitioner in the said post was declared on 24.07.2000. By Exts.P1 and P1(a) (in W.P.(C) No.21930/2023), the IHRD was given status of a Government College. Subsequently, the petitioner was appointed in the St. Peter’s College, Kolenchery as Lecturer on 21.12.2004. The petitioner, while working in the St. Peter’s College, was granted Senior Scale with effect from 22.12.2005. Senior Scale granted to the petitioner was approved on 28.07.2012.

3. The petitioner was again promoted as Selection Grade Lecturer on 18.04.2006. The said promotion was also approved by the University on 15.12.2014. Later, the petitioner was promoted and appointed as Associate Professor on 20.12.2014. When the question of approval of the said promotion to the post of Associate Professor arose, the University took a stand as per Ext.P8 that the prior service of the petitioner in the IHRD could not have been reckoned for the purpose of grant of Senior Scale and Selection Grade to the petitioner. Therefore, unless those placement of the petitioner in Senior Scale and Selection Grade Lecturer are revised, approval cannot be granted to the promotion of the petitioner to the category of Associate Professor.

4. The petitioner, relying on the proceedings of the Directorate of Technical Education, Thiruvananthapuram dated 30.06.2011 (Ext.P1 in W.P.(C) No.21930/2023), would submit that it was decided to reckon the teaching experience in the Government Controlled Self Financing Engineering Colleges in the State (managed by IHRD, CAPE, LBS, KSRTC, CCE etc.) and that the Government / Aided Polytechniques, as past qualifying service for fixation of Senior Scale.

5. The petitioner further pointed out that as per Ext.P10 letter of the Directorate of Collegiate Education dated 23.02.2010, service in IHRD can be computed for the purpose of calculation of pension.

6. The petitioner argued that as per Ext.P12, in respect of an employee who was subsequently employed in Cochin University, the prior service rendered by the said employee in the IHRD was ordered to be counted for the purpose of computation of qualifying service.

7. Similarly, as per Ext.P16, the service rendered by an employee in CAPE was clubbed and considered for computation of service benefits by the 3^rd respondent- University.

8. The petitioner relied on the Regulation 10 of UGC Regulations, 2010 and 2018 relating to counting of past service for direct recruitment and promotion under the Career Advancement Scheme. The petitioner pointed out that as per Regulation 10.1, previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific / professional Organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT, etc., should be counted for direct recruitment and promotion under CAS of a Teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature, these posts are described as per Appendix III, Table No.II. Therefore, as per the UGC Regulations, 2010 and 2018 also, the service rendered by the petitioner in the IHRD is liable to be reckoned for the purpose of service benefits, urged the petitioner.

9. The petitioner also relied on Ext.P29 order dated 21.12.1999 of the Government of Kerala. As