Prior Service for Career Advancement Needs Grade or Pay Scale Equivalence, Not Both: Kerala High Court - 2025-07-19

Kerala HC Directs KAU to Re-evaluate Professors' Service Benefits, Citing Precedent on Prior Service and Leave

Ernakulam, Kerala: The Kerala High Court has quashed a series of orders from the Kerala Agricultural University (KAU) that denied service benefits to several Assistant Professors. Justice Harisankar V.Menon ruled that the university had incorrectly rejected the professors' claims for counting prior service, service benefits for leave taken for higher studies, and probation declaration, directing the institution to reconsider the matter in light of established legal principles.

Background of the Dispute

The court was hearing a batch of 14 writ petitions filed by Assistant Professors of KAU. The petitioners had challenged the university's decision to deny them three key benefits:

1. Reckoning of Prior Service: Counting their service in previous institutions for the purpose of promotion and career advancement.

2. Leave for Higher Studies: Granting service benefits for the period they had taken Leave Without Allowance to pursue higher education.

3. Probation Declaration: Declaring their probation without insisting on a mandatory one-year service period after joining the university.

The university, in its impugned orders, had rejected these claims, primarily arguing that the petitioners' previous posts were not equivalent in grade and pay scale to the post of Assistant Professor.

Court's Analysis and Key Findings

Justice Menon , referencing the facts from the lead case of Dr. K.D. Prathapan , systematically addressed each of the petitioners' claims, heavily relying on a previous judgment of the court in W.P.(C) No.9390 of 2012 .

On Reckoning Prior Service: The court observed that the university had been "carried away mainly on account of the difference in scale of pay" between the petitioners' prior posts (like 'Agricultural Officer') and their current 'Assistant Professor' roles. It highlighted a critical finding from the 2012 precedent:

"It was categorically found by this Court that cumulative satisfaction of the grade/pay was not required. It was found that, if either of the afore is shown as satisfied, the claimant has to be extended the benefits."

The judgment emphasized that KAU should have only verified if the petitioners were working in the same "grade" to be eligible for the benefit, as per UGC Regulations. The court noted that the university's rejection based on non-equivalence of both grade and pay scale was erroneous.

On Leave Without Allowance: The court found that KAU's reliance on Rule 88 of Part I of the Kerala Service Rules (KSR) was misplaced. It pointed out that Rule 61 of Part I KSR makes Chapter IX (which includes Rule 88) inapplicable to the petitioners as they are covered by a different scheme. The court drew attention to a Government Order which explicitly states that leave granted to teachers for higher studies should be counted as qualifying service for career advancement. The court concluded that the university's decision on this point also required a "revisit".

On Declaration of Probation: For the third issue, the court held that the principles established in the 2012 judgment, which found the requirement of one year's service after joining the university unnecessary, were directly applicable to the current cases.

Final Decision and Directions

Setting aside the impugned orders issued by KAU, the High Court disposed of the writ petitions with the following directions: - All petitioners are permitted to produce their service records and evidence of qualifications related to their past service before the university within eight weeks. - The Kerala Agricultural University must consider these documents and pass fresh orders on the petitioners' claims within a further period of three months. - The petitioners must be given an opportunity to be heard before a final decision is made.

This ruling reaffirms the principle that for the purpose of career advancement, prior service in an equivalent grade or pay scale is sufficient, and clarifies the service benefits applicable to university teachers for leave taken for academic pursuits.