K. PRATHAPAN Vs. KERALA AGRICULTURAL UNIVERSITY AND ORS.

JUDGEMENT

(1.) PETITIONER who is working as Mission Director in the State Horticulture Mission, under the Kerala Agricultural University (hereinafter referred to as the "University"), ha filed this Writ Petition challenging Ext. P23 order passed by the University by which it reviewed its own decision in Ext. P13 and held that petitioner would not be entitled to reckon his previous service in the Rubber Research Institute as Research Assistant (Agronomy/Soil Field Experimentation)/Junior Scientist for the period from 25.09.1989 to 29.01.1996 for the purpose of Career Advancement Promotion.

(2.) THE facts leading to Ext. P23 are as follows: The petitioner is at present working as Mission Director in the State Horticulture Mission, under the 1st respondent University. Prior to his appointment in the University, he had served as Research Assistant under the Rubber Board, the 3rd respondent. His initial appointment in Rubber Board was based on Ext. P1 memo issued on 1.5.1989 in the post of Research Assistant (Agronomy/Soil Field Experiments) in the scale of pay of Rs. 1640 -60 -2600 -EB -75 -2900 plus usual allowances at the Central Government rate. As per Ext. P3 order dated 12.12.1995, his probation was declared and he was confirmed in the post of Junior Scientist w.e.f. 25.9.1991. While the petitioner was working in the Rubber Board he got appointment in the University as Assistant Professor of Agronomy as per Ext. P6 order dated 6.2.1996, in the scale of pay of Rs. 2200 -75 -2800 -100 -4000 in the Faculty of Agriculture.

(3.) THE University thereafter issued Ext. P8 order on 2.3.2000, implementing the UGC Scheme and revision of scale of pay on the basis of the decision of the executive committee in its 343rd meeting held on 7.1.2000. Accordingly the scale of pay of Assistant Professor was revised from 2200 -75 -2800 -4000 to 8000 -275 -13500. Thereafter the Indian Council of Agricultural Research issued Ext. P9 order on 19.04.2001 in respect of Career Advancement Promotion Scheme for Scientists of ICAR and teachers of the Universities under it, according to which a Scientist (Senior Scale)/Lecturer (Senior Grade)/Assistant Professor (Senior Scale) with 5 years experience in the senior scale or with a total of 9 years service (with Ph.D)/10 years service (with M.Phil)/11 years service would be eligible for promotion as Senior Scientists/Scientist (Selection Grade)/Reader(promotion)/Associate Professor (promotion)/Lecturer (Selection Grade). The University thereafter issued Ext. P10 order, in implementation of the UGC/ICAR Scheme, 1996 for the teachers/Scientist/Library staff. The eligibility criteria for career advancement was provided in clause 6.20 to 6.23. The minimum eligibility criteria for movement to the grade of Assistant Professor (Senior Scale)) was stipulated as 4 years for those with Ph.D, 5 years for those with M.Phil and 6 years for others. An Assistant Professor Senior Scale can move to the grade of Assistant Professor(Selection Grade)/Associate Professor. Under clause 6.21, the minimum eligibility criteria for movement to the grade of Associate Professor and above was fixed as Ph.D. Those who were without Ph.D were eligible to go up to the level of Assistant Professor (Selection Grade). Under clause 6.22 an Associate Professor with a minimum of 8 years of service in that grade were made eligible to be considered for appointment as Professor.