DEPUTY DIRECTOR OF COLLEGIATE EDUCATION Vs. PHILIPOSE OMMAN

JUDGEMENT

(1.) The verdict passed by the learned single Judge, whereby the claim mooted by the writ petitioner to grant the benefit of 'three' advance non-compoundable increments based on clause 10(4) of Ext.P2 Government Order dated 27.03.2010 has been accepted and allowed, repelling the submissions from the part of the Government/Department with reference to the G.O. dated 03.09.2013 (Ext.P3) issued in clarification of the position which governed the field; is under challenge in this appeal.

(2.) Heard Sri.P.N.Santhosh, learned senior Government Pleader on behalf of the appellants as well as Sri.S.Muhammed Haneef, the learned counsel who appeared on behalf of the respondent/writ petitioner at length.

(3.) The gist of the factual matrix is that, the respondent/writ petitioner entered the service as a Lecturer in Botany on 14.8.1995 and was later awarded Senior Grade on 14.8.2000, followed by Selection Grade on 15.8.2005. While continuing in service as above, the respondent acquired Ph.D on 10.10.2006. By virtue of Ext.P1 G.O. dated 21.12.1999 implementing the UGC pay scale (5 th UGC Scheme), two advance increments were provided (clause 6.1.9) as a measure of incentive/motivation for the teachers who acquire such doctoral degree which was very much beneficial for the student community at large. Subsequently, the Government issued Ext.P2 G.O. dated 27.2010 implementing the 6 th UGC benefits, which provided (under Clause 10.4) that the teachers who acquired Ph.D. while continuing in service will be provided the benefit of three advance non-compoundable increments. The respondent/writ petitioner submitted Ext.P4 representation seeking for the benefit of Ext.P2, which however was not positively acted upon, leading to the writ petition.