2025:KER:27693 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 21031 OF 2024 PETITIONER: DR. BEENA GEORGE AGED 59 YEARS D/O. P.O. GEORGE (LATE), AMPATTU HOUSE, THRIKKUDITHANAM P.O., CHANGANASSERY, KOTTAYAM DISTRICT, (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, B.K. COLLEGE, AMALAGIRI, KOTTAYAM), PIN - 686105 BY ADVS. M.S.RADHAKRISHNAN NAIR ELIZEBATH GEORGE SATHY C.B. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM 2025:KER:27693 WP(C) NO. 21031 OF 2024 2 OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, VYSKARAKUNNU, KOTTAYAM, PIN - 686001 4 THE PRINCIPAL B.K. COLLEGE, AMALAGIRI, KOTTAYAM, PIN - 686560 SRI. PREMCHAND R. NAIR,SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27693 WP(C) NO. 21031 OF 2024 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner, while working as Assistant Professor, was granted three advance increments on awarding Ph.D. Degree. This was as per UGC Norms and Regulations. However, when the petitioner was promoted as Associate Professor, the increments were not protected. Rather, the increments ceased to exist once the petitioner started to receive pay in the pay scale of Associate Professor. 2. The petitioner submits that this Court in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 has held that the increments granted on awarding Ph.D. should be protected, even if the candidate is promoted to the post of Associate Professor. 2025:KER:27693 WP(C) NO. 21031 OF 2024 4 3. A reading of Ext.P5 does not indicate that the Deputy Director of Collegiate Education has considered the law laid down by this Court in the afore judgments. In the circumstances of the case, Ext.P5 is set aside. The 3rd respondent is directed to reconsider the claim of the petitioner in the light of the judgments of this Court in W.P.(C) Nos.21367/2004, 31777/2015 and 8/2023 and pass orders thereon within a period of six weeks, after granting an opportunity of hearing to the petitioner. The petitioner shall serve a copy of the writ petition as well as the copies of the judgments mentioned above on the 3rd respondent for compliance. Sd/- N.NAGARESH JUDGE hmh 2025:KER:27693 WP(C) NO. 21031 OF 2024 5 APPENDIX OF WP(C) 21031/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PH.D. CERTIFICATE ISSUED BY M.G. UNIVERSITY TO THE PETITIONER DATED 6.8.2009 Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF G.O.(P) NO. 58/2010/H.EDN. DATED 27.3.2010 ISSUED BY HIGHER EDUCATION (C) DEPARTMENT Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS DATED 5.3.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 26.3.2024 IN W.P.(C) NO.12562/2024 OF THIS HONORUABLE COURT Exhibit P5 TRUE COPY OF ORDER NO. A5/539/2024/DDKTM DATED 25.5.2024 ISSUED BY THE 3RD RESPONDENT