6th UGC Scheme - Teacher Who Availed Advance Increments Based On M.Phil Can't Seek Increments Based On Subsequently Acquired Ph.D : Kerala HC

The Kerala High Court has held that a teacher, who entered service with M.Phil and was awarded two advance increments on the basis of the M.Phil degree, and who subsequently acquired Ph.D while in service, would not be entitled to three additional non-compounded increments provided in the State Government order based on the Sixth UGC Scheme.A Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha, observed that the teacher could not be regarded as a teacher in service who has been awarded Ph.D at the time of coming into force of the subsequent Government Order in terms of the Sixth UGC Scheme entitling teachers who completed their Ph.D. in service to three non-compounded increments. "The pointed question is as to whether the petitioner could be regarded as a teacher in service who has been awarded Ph.D at the time of coming into force of Ext.P4 order. If a person like the petitioner who has been awarded Ph.D about two years prior to the coming into force of Ext.P4 order and who was governed by Clause 6.17 of Ext.P2 order is regarded as a teacher in service who has been awarded Ph.D at the time of coming into force of Ext.P4 order, then all similar teachers who were governed by Clause 6.19 of Ext.P2 order would also fall under Clause 10.5, as the Sixth Scheme of the UGC .... only precludes teachers who have already availed the benefit of advance increments from possessing Ph.D at the entry level under the earlier Scheme, from claiming advance increments under the Sixth Scheme in terms of Clause 7(xxi) therein. If that be so, they can also claim three non-compounded increments in addition to the two advance increments which have been granted to them in terms of Clause 6.19 of Ext.P2 order. Such an inference, according to us, cannot be made, for if such an inference is made, those who have entered service with Ph.D when Ext.P2 order was in force will have to be satisfied with four increments, whereas those who have entered service without Ph.D, but acquired Ph.D while in service, will be able to claim five increments, two under the Fifth Scheme and three under the Sixth Scheme", it was observed. Brief FactsAs per the factual matrix, the petitioner, who was a teacher in an aided college affiliated to the Calicut University, had entered service as Lecturer and retired as an Associate Professor. When the petitioner entered service, he had M.Phil degree, along with the other requisite qualifications. During this time, it was the State Government order based on the Fifth UGC Scheme that had been applicable, as per which two advance increments would be admissible to those who hold M.Phil. degree at the time of recruitment as Lecturer. The petitioner was accordingly granted the benefit. It was while the petitioner was in service that he acquired Ph.D degree. Although aforementioned order issued by the State government in terms of the Fifth UGC Scheme provided for one more advance increment for those teachers with M.Phil who acquire Ph.D degree within two years of recruitment, the petitioner was not extended the benefit of the said additional increment, as he could not acquire Ph.D degree within two years of recruitment.During this time, the Government implemented the Sixth UGC Scheme in the State, with effect from September 1, 2008. As per the subsequent order, teachers who complete their Ph.D degree while in service were to be entitled to three non-compounded increments, if such Ph.D is in the relevant discipline and had been awarded by a University complying with the process prescribed by the UGC for enrolment, course work, evaluation, and so on.It is the petitioner's case that since he was a teacher in service who had been been awarded Ph.D degree at the time of coming into force of the Sixth UGC Scheme, he would be entitled to three additional non-compounded increments as stipulated in the subsequent order, as well. However, his request regarding the same before the Director of Collegiate Education (DCE) was rejected stating that since he had already been given two advance increments on the strength of his M.Phil degree, he would not be entitled to any more increments for the Ph.D. degree since he couldn't acquire the latter within 2 years of the recruitment. After 4 years, the petitioner made a fresh application before the DCE, for one more additional increment, which was also rejected. Thereafter, the petitioner filed a writ petition after 2 years of his retirement, challenging these orders of the DCE. He also sought for a direction to the State and its officials to sanction to him three non-compounded increments also on the strength of the Ph.D acquired by him while in service and disburse the consequential benefits. The Single Judge allowed the writ petition, and issued the direction sought for by the petitioner. It is challenging the said decision of the Single Judge that the present writ appeal was filed. Division Bench RulingThe Division Bench noted that after the petitioner's initial...

6th UGC Scheme - Teacher Who Availed Advance Increments Based On M.Phil Can't Seek Increments Based On Subsequently Acquired Ph.D : Kerala HC

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