JEE G Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as an Assistant Professor in Botany, in an aided College has filed this writ petition challenging Ext.P15 order dated 05.06.2015 by which he is informed that the service rendered by him as a Research Associate in Jawahar Lal Nehru Botanic Garden and Research Institute for the period from 11.11.1998 to 30.04.2004 cannot be reckoned for placement as Associate Professor.

(2.) The petitioner was appointed as Lecturer in Botany on 12.01.2005. He was placed in the senior scale w.e.f 12.1.2009. As per Ext.P10 order dated 2.3.2013, the standing committee of the Syndicate revised the promotion of the petitioner to the senior scale from 12.1.2009 and antedated to 12.1.2006 reckoning the service rendered by him as Research Associate. But the said placement reckoning the service as Research Associate was objected by the Government, when Ext.P10 order was forwarded through Deputy Director. On coming to know about this, the petitioner submitted Ext.P14 representation to the Government pointing out his eligibility for placement as per rules. By Ext.P15 letter dated 5.6.2015, the Government informed the petitioner that his service as Research Associate in Jawaharlal Nehru Botanic and Research Institute ('JNBRI' for short) for the period from 11.11.1998 to 30.04.2004 cannot be considered for UGC placement as per the provisions in G.O(P)171/99/H.Edn. dated 21.12.1999, since the service and scale of pay were not similar to that of Lecturer.

(3.) The petitioner was initially appointed as a Research Associate in Central Plantation Crop Research Institute ('CPCRI' for short), Palode on 4.5.1998. Exts.P2 and P3 service certificates would show that the petitioner had been drawing a sum of Rs.3,750/- in the scale of pay of Rs.3750-125- 4350 during the period from 4.5.1998 to 09.11.1998, while working in a temporary post of Research Associate in CPCRI. Ext.P2 service certificate would show that the minimum qualification required for the post of Research Associate was Ph.D in the respective discipline (i.e Botany). It also stated that his appointment was on the basis of recommendation of a duly constituted selection committee. He worked as Research Associate in Tropical Botanic Garden and Research Institute, Palode for the period from 1.1.1998 to 1.1.2005 on a consolidated fellowship of Rs.10,500/- for a project "Development of Value Added College Industrial Products and Horticultural Products through skilled human resources generation and sustained utilization of Bamboos and Rheeds of the Western Ghats" (Ext.P3) and another project during the period from 11.02.2001 to 10.01.2005. The qualification required for appointment as Research Associate was Ph.D and the petitioner was appointed on the basis of recommendation by a duly constituted selection committee. The Government of India, as per Ext.P4 order dated 24.02.1998, announced the revised emoluments of Research personnel in various grades. It was provided that the emoluments of research associates may be fixed at consolidated amount within one of the 4 slabs given there. Rs.10,500/- is the consolidated amount in the slab of Rs.3750-125-4375 which was revised to Rs.4325-125-4700-150-5000. The petitioner claims that his service as Research Associate is therefore liable to be reckoned for promotion as Senior Scale.