JALLALUDDIN Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THE only point that arises for consideration is the scope and ambit of Clause (6) of the Notification (No. GA/18128/as/82) dated 6. 7. 1984 issued in exercise of the powers conferred under sub-s. (2) (b) of S. 12 of the kerala Agricultural University Act, 1971 (in short 'the Act' ). By the said Notification, an earlier S. R. O. No. 264/72 was amended. THE notification dated 6. 7. 1984 was indicated to be operative from 7. 6. 1984. It was issued after assent of the chancellor under S. 49 (6) of the Act.

(2.) FACTUAL position which is undisputed is as follows: petitioner was a transferred employee within the meaning of S. 58 (4) of the Act. He was first appointed on 1. 1. 1963 as a Veterinary Surgeon under the government, and on 3. 7. 1964 he opted and joined the Kerala Agricultural university thereinafter referred to as 'the University') as Junior Lecturer and as per the statutory provision, his service under the University is deemed to have started from 1. 1. 1963. In order to become eligible for promotion to the rank of Professor, an Associate Professor is required to complete 22 years of active service, besides possessing other qualifications like Ph. D. Appellant submitted an application on 1. 1. 1985 for up gradation of his post to that of professor on the ground that by 1. 1. 1985 he became eligible to hold the said post. He was directed to appear before the Assessment Committee for an interview. As the said direction was cancelled, he filed O. P. No. 1922/86 before this Court. By judgment dated 14. 12. 1986, in the said case, a direction was given to the university to interview the appellant for the purpose of up gradation of his post of Associate Professor to that of Professor. The Assessment Committee did not select him on the ground that he had not completed the required length of active service to be eligible for promotion. The same was challenged in O. P. No. 1986/88 which was not pressed. On the basis of the order dated 14. 12. 1986, as referred to above, he was directed to appear before the Selection Committee and by Ext. P7 to the O. P. (order dated 24. 4. 1989) he was appointed as professor with effect from 10. 2. 1989.

(3.) IN order to appreciate rival contentions, it is necessary' to note of Clause (6) of the Notification dated 6. 7. 1984 which reads as follows: " (6) The length of service required for the different levels of posts in the case of transferred employees referred to in s. 58 (4) of the Act shall be active service in any or all of teaching, research and extension wings in the Agricultural University or in the Department under government. For the purpose of their active service all leave with pay and allowances including half pay leave and periods spent for higher studies shall be counted provided that the maximum period allowed in the case of successful candidates shall be one year for Post Graduate Diploma, 2 years for M. Sc. , and 3 years for Ph. D. "