SABU AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) 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: