Sabu Augustine vs State of Kerala and Others

P.N. Ravindran, J.—The petitioner entered service as Lecturer in Marian College, Kuttikanam affiliated to the Mahatma Gandhi University on 11.8.1995. Prior to such entry in service he had served as Lecturer in Sacred Hearts College, Thevara, another college affiliated to the Mahatma Gandhi University, for a period of nine months and eight days from 10.12.1992 to 17.9.1993. The petitioner''s appointment as Lecturer in Sacred Hearts College, Thevara was approved by the Mahatma Gandhi University and also by the Deputy Director of Collegiate Education, Ernakulam and he was paid salary and allowances. The petitioner''s appointment as Lecturer in Marian College, Kuttikanam was also likewise approved and he was paid salary and allowances. He was promoted as Lecturer, Senior Scale on completion of six years of service with effect from 2.11.1999 reckoning his service from 10.12.1992 to 17.9.1993 in Sacred Hearts College, Thevara as qualifying service. Though the Mahatma Gandhi University approved the said promotion, having regard to Ext.P2 university order dated 19.12.2005 whereby the university had ordered that all broken spells of service prior to 1.1.1996, which were approved by the university concerned and the respective Deputy Director of Collegiate Education, shall be reckoned as qualifying service for career advancement as Lecturer, senior scale/selection grade Lecturer. The Deputy Director of Collegiate Education, Kottayam took the stand that the period of nine months and eight days from 10.12.1992 to 17.9.1993 when the petitioner had worked in Sacred Hearts College, Thevara cannot be reckoned as qualifying service. The said stand of the Deputy Director of Collegiate Education, Kottayam was communicated to the Principal of Marian College, Kuttikanam by Ext.P3 letter dated 10.7.2012. In this writ petition the petitioner challenges Ext.P3 and seeks the following reliefs:

i. Issue a writ of certiorari or any other appropriate in order of direction quashing Ext.p3.

ii. Declare that the petitioner is entitled to get the service records of petitioner amended by showing the effective date of his promotion to Lecturer Senior Grade as 2.11.1999 as approved by the fourth respondent.

iii. Issue a writ of mandamus or any other appropriate writ order of direction directing the third respondent to record 2.11.1999 as the effective date of promotion of the petitioner, as Lecturer (Senior Grade.)

A reading of Ext. P3 order indicates that the Deputy Director of Collegiate Education has taken the stand that though this Court has held that broken spells of service prior to 1.1.1996 can also be reckoned for the purpose of career advancement, if such appointments had been approved by the university concerned, the petitioner cannot claim similar benefit for the reason that he is not a party to any of the decisions of this Court. The said issue was considered by a learned single Judge of this Court in W.P.(C) No. 16495 of 2005 where the learned single Judge held that the broken spells of approved service rendered prior to 1.1.1996 are liable to be reckoned for the purpose of career advancement. The said decision was affirmed by a Division Bench of this Court in W.A. No. 197 of 2006. The very same issue was again considered by a learned single Judge of this Court in W.P.(C) Nos. 24745 and 34367 of 2007 which were disposed of by Ext.P4 judgment delivered on 19.9.2008. These facts are referred to by Deputy Director of Collegiate Education in Ext.P3 letter also. In such circumstances, as the service rendered by the petitioner in Sacred Hearts College, Thevara during the period from 10.12.1992 to 17.9.1993 was approved, I am of the opinion that he is entitled to have the said period also reckoned for the purpose of computing the length of qualifying service for promotion as Lecturer, Senior Scale.

I accordingly allow the writ petition, set aside Ext.P3 and direct the respondents to treat the period of service from 10.12.1992 to 17.9.1993 rendered by the petitioner in Sacred Heats College, Thevara as qualifying service for promotion as Lecturer, Senior Scale. Consequently, he will be entitled to be promoted as Lecturer, Senior Scale with effect from 2.11.1999. Formal orders in that regard shall be issued by the competent authority in the Mahatma Gandhi University and the Deputy Director of Collegiate Education, Kottayam within one month from the date on which the petitioner produces a certified copy of this judgment. Arrears of salary and allowances shall be drawn and disbursed within another month thereafter.