STATE OF KERALA Vs. DR. LOUIS J. KATTADY

JUDGEMENT

(1.) This writ appeal is directed against the judgment dtd. 17/6/2022 in W.P.(C) No.4012 of 2022. Respondents 2, 4 and 5 in the writ petition are the appellants. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) The petitioner was a teacher in an aided college affiliated to the University of Calicut (the University). The matter relates to the claim made by the petitioner for noncompounded increments on the strength of the Ph.D acquired by him while in service.

(3.) The petitioner entered service as Lecturer on 8/11/1996 and retired as Associate Professor on 31/5/2020. When the petitioner entered service, he had M.Phil degree to his credit in addition to the qualifications required for appointment as Lecturer. At the relevant time, the Fifth Scheme of the University Grants Commission (UGC) as accepted by the State Government was applicable to the teachers of affiliated colleges. Ext.P2 is the relevant pages of the order issued by the State Government in this regard. In terms of Ext.P2 order, two advance increments were admissible to those who hold M.Phil. degree at the time of recruitment as Lecturer, and the petitioner was extended the said benefit. While in service, on 16/6/2008, the petitioner acquired Ph.D degree. Though Ext.P2 order provided for one more advance increment for those teachers with M.Phil who acquire Ph.D degree within two years of recruitment, the petitioner was not extended the benefit of the said additional increment, as he could not acquire Ph.D degree within two years of recruitment. In terms of Ext.P2 order, two advance increments were admissible to teachers who acquire Ph.D degree while in service. Insofar as the petitioner was given two advance increments on the strength of the M.Phil degree possessed by him at the time of recruitment and since he could not acquire Ph.D degree within two years of recruitment, he was not entitled to the benefit of the two advance increments provided for those who acquire Ph.D while in service, and he did not raise any claim also for the said benefit.