STATE OF KERALA AND ANOTHER Vs. M. S. RAVEENDRAN NAIR AND ANOTHER

JUDGEMENT

(1.) The appeal is by the State against the judgment of a learned Judge of this Court, allowing the 1st Respondent's writ petition and quashing Ext. P. 3 order in so far as it directed that the 1st Respondent would not be eligible for arrears of para and allowances from 21- 7-1970 by reason only of the approval granted to his promotion as Lecturer in English with effect from that date, and quashing the said part of Ext. P3; and directing the appellants to pay the arrears of salary in the scale of Lecturer from 25-7-1970.

(2.) The 1st Respondent was appointed as Junior Lecturer in Shri' Sankara Vidyapectom College, Perumbavoor in 1968. At that time the qualification necessary for appointment as Lecturer was a 1st Class or IInd Class Honours or Master's degree. This, the 1st Respondent admittedly did not have. He had only a IIIrd Class degree. It was decided at the Meeting of the Syndicate dated 31-12 1969 that Junior Lecturers appointed after 24-5-1967 and before 31-10-1968 would be entitled to exemption till 1972 This was communicated by Ext, P8 Circular dated 20 1-1970. That stated that IIIrd Class Master's Degree holders appointed after 24th May 1967 and before 31st Oct. 1968 be continued in accordance with the earlier decision; and in addition, they may be granted temporary exemption every year till 1972 after which they will not be eligible for any further exemption. They would be entitled to continue in service after 1972 only if they improve their qualifications either by reappearance or by successfully undergoing the Diploma Course in English.

(3.) The 1st Respondent was provisionally promoted as Lecturer on 25-7-1970 (his appointment in 1968 was as Junior Lecturer). By Ext. P6 order of the University, dated 28-2-72 it was resolved that teachers in private colleges with IIIrd Class M. A. Degree recruited between 24-5-67 and 31- 10-1967 be allowed to continue till 31B+t July 1974. A rider was added that they will not be entitled to any increment in the scale of lecturer until they improve their qualifications. The 1st Respondent actually acquired the qualification only in Nov., 1973. Before he thus acquired the qualification, by Ext. P 5 order dated 28-3-72, the Vice-Chancel for had, in accordance with Ext P6, approved his appointment from 25-7-1978, without further benefits of increments on the Lecturers scale, until he improved his qualifications. 'It is enough to notice next. Ext. P. 2 order dated 10-1-1975, of the Vice-Chancellor, approving the promotion of the 1st Respondent as Lecturer with effect from 2-3-1973. By Ext. P. 3 order dated 22-5-75 Ex P2 order was modified by pushing back the date of approval to 25-7-1970, the original date of promotion of the 1st Respondent as Lecturer. Ext P3 also made it clear that he would not be eligible for arrears of pay and allowances. It was in these circumstances that the 1st Respondent sought to quash Ext. P3 and claimed the necessary incidental reliefs.