K. V. KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P.(C)No.36418 of 2017. The writ petition was one filed under Article 226 of the Constitution of India by the appellant-petitioner seeking a writ of certiorari to set aside Ext.P7 order dtd. 29/8/2011 and Ext.P8 order dtd. 7/2/2015 issued by the 1st respondent rejecting the request of the appellant to fix his pay at Rs.14,940.00; to declare that the period from 1/4/1969 to 15/6/1969 is liable to treated as qualifying service for fixing higher grades, and to declare that the appellant is entitled for fixation of pay at Rs.14,940.00 with all consequential benefits including revised pensionary benefits. By the impugned judgment dtd. 28/5/2020, the learned Single Judge dismissed the writ petition. Being aggrieved, the appellant is now before this Court with the above writ appeal.

(2.) The appellant was appointed as Junior Lecturer (Physics) at Catholicate College, Pathanamthitta under the Corporate Management of Malankara Orthodox Church Colleges on 14/10/1968. He retired from service on 31/3/1998 while working as a Selection Grade Lecturer in Physics at Baselius College, Kottayam, under the same management. The initial appointment of the appellant was on a temporary basis for the academic year 1968 - 69 as per Ext.P1 letter of appointment dtd. 1/11/1968. Therefore, he was relieved from service at the end of the academic year i.e., on 31/3/1969. He was reappointed at Baselius College on 16/6/1969 by Ext.P2 letter of appointment dtd. 1/7/1969. He was promoted as Lecturer on 14/10/1969 and the vacation period from 1/4/1969 to 15/6/1969 was reckoned as service for placing him in the post of Lecturer. While continuing in service, he availed leave without allowance for employment abroad from 28/11/1977 to 27/11/1987. Thus the leave period was not counted for any service benefits. After rejoining duty on 28/11/1987, he was promoted as Lecturer (Senior Scale) on 16/12/1987 and as Lecturer (Selection Grade) on 15/12/1992. Though his actual date of superannuation was 30/11/1997, he was allowed to continue till the end of the academic year and hence he retired on 31/3/1998.

(3.) The 2nd respondent filed a counter affidavit dtd. 11/6/2018 in the writ petition opposing the averments and the reliefs sought in the writ petition. It is contended in the counter affidavit that the fifth UGC pay revision for College Lecturers was implemented through Government Orders, viz., GO(P)171/H.Edn/1999 dtd. 21/12/1999 and GO(P) 110/H.Edn/2000 dtd. 4/7/2000. One of the provisions in the said package was that those who stand in the grade of Selection Grade Lecturer as on 1/1/1996, will be entitled for the higher pay of Rs.14,940.00 as and when they complete 5 years of service in that grade. The appellant was granted Selection Grade with effect from 15/12/1992. He had not raised any dispute regarding the same till superannuation. He had not completed five years of service in Selection Grade before the date of superannuation and therefore not entitled to a higher basic of Rs.14,940.00. As per Rule 60(c) of the Kerala Service Rules, the incumbents are not entitled to the benefit of pay revision with effect from the date after the date of superannuation. In that circumstance the grace period given to the appellant after the date of superannuation cannot be counted for calculating five years of service. Ext.P4 order dtd. 1/10/2002 issued by the 4th respondent condoning the break in service after four years from the date of retirement of the appellant. The College Management has no authority to condone any period of break in service. The appellant was abroad for better opportunities by availing Leave Without Allowance for 10 years and therefore his actions resulted in a shortage of stipulated period of service for granting placement to Selection Grade with effect from an early date.