High Court of KeralaWP(C)/911/2013disposed of

Dr.Sosamma John v. M.G.University

2015-03-24Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 911 of 2013 (L) -------------------------- PETITIONER(S):

-------------------------- DR.SOSAMMA JOHN, ASSISTANT PROFESSOR, DEPARTMENT OF PHYSICAL EDUCATION, CATHOLICATE COLLEGE, PATHANAMTHITTA.

BY ADV. SRI.S.MUHAMMED HANEEFF.

RESPONDENT(S):

----------------------------

1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM.

2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.

3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.

4. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

R1 BY ADV. SRI.VARUGHESE M.EASO, SC.

R2 TO R4 BY GOVT. PLEADER SMT.LOWSY. A.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 911 of 2013 (L) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ORDER NO.AC.B.V./4/491/2006 DATED 15/03/2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P2 COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED 25/10/2004.

EXT.P3 COPY OF THE JUDGMENT DATED 09/03/2012 IN WP(C).NO. 25962/2008 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.911 of 2013 ***************************************************** Dated this the 24th day of March, 2015

JUDGMENT

The petitioner entered in the service with Ph.D. Therefore, the petitioner was granted four increments. When the petitioner moved to higher scale, this benefit was withdrawn. It is challenging this decision, the petitioner has approached this Court. The issue is covered in favour of the petitioner. It is held that in the number of judgments, when the petitioner moves to the higher scale, the original increment granted to the petitioner shall be retained. In view of the above, there shall be a direction to retain the increment originally granted, the petitioner shall be given revised scale of pay and the arrears shall be disbursed within a period of three months.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln