MATHEW THOTTIYIL Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) THE petitioner challenges Exts.P1 and P2.By Ext.P2 dated 2nd July,1979,Ext.P1 order of the University,dated 17th October,1978 was confirmed.Ext.P1 reads: The Syndicate at its meeting held on 8th September,1978 considered the question of promotion of Dr.Mathew Thottiyil as I Grade Professor of Chemistry in your College and resolved that the appointment of Dr.Mathew Thottiyil as I Grade Professor of Chemistry in the Nirmala College,Muvattupuzha be approved with effect from the date on which he completes 10 years 'of teaching experience reckoned from 18th October,1965. You are therefore requested to issue a revised promotion order to Dr.Mathew Thottiyil accordingly and to forward a copy of the same to this office. The dispute is as to whether or not the petitioner is entitled to have his appointment as I Grade Professor of Chemistry in Nirmala College,Muvattupuzha approved by the University of Kerala with effect from 1st September,1971 on which date he was promoted to that post by the management.

(2.) THE date 18th October,1965 mentioned in Ext.P1 is the date on which the petitioner was appointed as a Lecturer in Nirmala College.The stand taken by the University is that the petitioner is entitled to have his teaching experience reckoned only from 18th October,1965 and that he is entitled to have his promotion as I Grade Professor recognised only on the expiry of ten years as from that date.It is contended on behalf of the University that as per G.O.Rt.4101/69/Edn .,dated 29th November,1969,a person has to have 10 years of teaching experience before he can be promoted as a I Grade or II Grade Professor.It is further contended that the petitioner 's teaching experience can be reckoned only as from the date on which he was appointed in Nirmala College and not from an anterior date.

(3.) THE Government Pleader submits that unless a person has 10 years of teaching experience to his credit before his promotion as I Grade or II Grade Professor,he would not be entitled to the benefit of the revised scale of pay as provided in G.O.Rt.26/69/Edn.dated 3rd January,1969.He submits that this is clear from the subsequent order of the Government dated 29th November,1969.