C VIJAYA LAKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the 'Teaching Experience' prescribed for Lecturers with Post Graduation, for granting grade promotion as Readers under the Directorate of Ayurveda Medical Education,, is the 'Post qualification experience' or whether 'total experience'- also accounting the experience obtained prior to acquisition of the Post Graduate qualification/is the issue involved herein, Since the Government/Department took the stand that it can only be the 'Post qualification experience' as held in Rabi v. State of Kerala,2007 4 KLT 335 and hence that the petitioner is not eligible to have the benefit granted by the 3rd respondent with effect from the date of acquisition of the Post Graduate qualification, the amount already paid has been stated as excess payment and is sought to be recovered, which is under challenge in the present Writ Petition.

(2.) The petitioner joined service as 'Tutor' in the Ayurveda Medical Maternity Hospital, Poojappura on 17.04.1990 and completed the probation satisfactorily on 17.04.1992. She was promoted as 'Lecturer' on 11.09.1998 and after obtaining different promotions, she retired from the service on 31.05.2008 while working as a Professor.

(3.) Admittedly while working as 'Tutor' the petitioner did not have the Post Graduate qualification in M.D., for which she joined only subsequently (on 05.05.1999) and acquired the same on 01.06.2002 As per Ext.P4 G.O, providing revision of pay scales of the teaching staff in the Ayurveda Colleges, the teachers having the Post Graduate qualifications were entitled to have 'AICTE Scales' with effect from-01.11.1997, based on Ext.P23 G.O. implementing the pay revision at that point of time, In the case of Non-Post Graduate Teachers, a 'modified revised scale' was provided under Clause 8 of Ext. P4, Clause 3(b) of the very same G.O. also provided that, Lecturers with Post Graduation and 5 years of (Physical) teaching experience and those who have 10 years of service as 'Tutor' and 'Lecturer put together,, will be promoted as 'Reader' in the scale of pay of Rs, 14300-19250/-.