High CourtsSingle Bench(2023) 09 KL CK 0228

Prof.(Dr.) Gimson D Parambil vs State Of Kerala

High Court Of Kerala · Decided on 26 September 2023

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 8 Of 2023

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Judgment

4 paragraphs · 243 words

T.R.Ravi, J

1.

The prayer in the writ petition is for quashing Ext.P-7 and for directing respondents 2 & 3 to grant three advance increments to the petitioners, as per clause 10.4 of Ext.P-1 and to fix their pay accordingly from the date of promotion.

2.

The grievance of the petitioners is that though they were given advance increments on acquiring Ph.D, while they were working as Assistant Professors, the benefit was not extended to them when they were promoted as Associate Professors. The issue is no longer res integra. In similar circumstances, this Court has, in the judgments in W.P(C) No.25962/2008, W.P(C) No.21367/2004 and W.P(C) No.31777/2015, held that the petitioners therein will be entitled to retain the benefit which was granted to them on acquiring Ph.D, on their appointment to higher posts. The judgment in W.P(C) No.31777/2015 was also confirmed by a Division Bench in the judgment in W.A No.1653/2017.

3.

I do not find any reason to take a different view. The petitioners are entitled to succeed. The Writ Petition is hence allowed. Ext.P-7 is quashed. There will be a direction to respondents 2 & 3 to grant three advance increments to the petitioners, as per clause 10.4 of Ext.P-1 and fix their pay accordingly from the date of their promotion as Associate Professors. Necessary orders shall be issued and the benefits made available to the petitioners, within two months from the date of receipt of a copy of this judgment.