STATE OF KERALA Vs. A.K.ABDHUL GAFOOR

JUDGEMENT

(1.) This OP (KAT) has been filed by the State of Kerala and its officers challenging the order dated 22-05-2019 in TA No.5475/2012 on the file of the Kerala Administrative Tribunal, Ernakulam Bench. The respondent approached this court through WP (C) No.25369/2008 praying inter alia for a writ a certiorari to quash a communication dated 30-07-2008 through which the Additional Director of Collegiate Education found that the respondent was not entitled to senior scale placement with effect from 20-12-1996 and held that he will be entitled to placement only with effect from 20-12-1998 which is the date of declaration of probation in Government service. WP (C) No.25369/2008 was transferred to the Kerala Administrative Tribunal and was re-numbered as TA 5475/2012.

(2.) The respondent was originally appointed as a Junior Lecturer in an aided college on 03-03-1987. He was promoted as Lecturer on 03-03-1989 and in accordance with the UGC Regulations was placed as Lecturer Senior Scale on completion of 8 years of service which is evident from the service certificate dated 06-03-1997 which is on record in the Transferred Application as Ext.P1. While working as Lecturer Senior Scale the respondent was appointed as Lecturer in the Collegiate Education Service on 20-12-1996 following selection and advice by the Public Service Commission. He was found entitled to the pay of Lecturer-Senior Scale with effect from the date of his appointment which is 20-12-1996. On completion of 12 years of service the respondent was granted further placement as Lecturer Selection Grade with effect from 20-12-2001 as per Ext.P3 proceedings of the Additional Director of Collegiate Education. It was thereafter that Ext.P5 was issued finding that the placement of the respondent in the Senior Scale with effect from 20-12-1996 is improper as the said scale could have been granted only after completion of probation in Government service.

(3.) On a consideration of the matter the Tribunal noticed that an almost identical issue had been considered by this court in W.P (C) No.19228/2013. Following the ratio of that judgment the Tribunal allowed the Transferred Application and held that the respondent is entitled to placement in the Senior Scale with effect from 20-12-1996 and also found that on his placement in the Selection Grade with effect from 20-12-2001 as per Ext.P3 is also in order.