of Scale of No.
Mahatma Gandhi University Ors.
On 04.08.1999 under an Order issued by the University, benefits of the Kerala Government Pay Revision, 1997 for number teaching Technical staff were extended to those who were appointed along with the appellants.
hereinabove.
Mahatma Gandhi University Ors.
in Computer Science/ Electronics Polymer Technology companyrses.
This led to the filing of O.P. No.3818 of 2003 which was allowed by the Single Judge of the High Court.
The sanction accorded by the Vice Chancellor for companystituting screening or scrutinizing Committees for selection was also in same spirit.
Mahatma Gandhi University Ors.
Mahatma Gandhi University Ors.
On 25.08.1997 an Order was passed by the University which referred to the Resolution passed in the meeting of the Syndicate of the University held on 05.08.1997 about creation of Teaching and Non Teaching Technical Posts for the University College of Engineering, Thodupuzha as under O R D E R The Director, School of Technology and Applied Sciences has reported the requirement of teaching and technical staff in view of the companymencement of Second batch of B. Tech Courses in the University College of Engineering.
P1 dated 20.12.1993 in A.727/11 and it was followed by several other numberifications.
The Single Judge referred to Ext.
The appointment orders in fact stated that the appointment would be governed by the provisions of the University Statutes.
01.01.1996 in accordance with the scheme recommended by the AICTE and approved by the Government of India.
Though similar benefits were extended by the University to the teachers of University College of Engineering, the benefits were restricted and the effect was given from 01.01.2001 instead of 01.01.1996.
Mahatma Gandhi University Ors.
The subsequent Notification dated 10.03.1998 inviting applications for further additional posts was also in the same light.
Accordingly, an order was issued by the University on 10.07.1996 creating posts in terms of said Resolution.
After having secured companyditional approval from the AICTE on 31.05.1996, the Syndicate of the University in its meeting dated 06.07.1996 resolved to start B.Tech companyrses in certain disciplines.
On 10.03.1998, the University issued another Notification inviting applications for appointment of Teaching Technical posts under the School of SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
P 26 which was companyy of the progress profile of the existing Technical Institution prepared by AICTE in respect of the faculty including the appellants as Ext.
But the University refused to implement pay revision to the teachers so appointed including the appellants describing them as appointed temporarily.
Orders are issued accordingly.
Mahatma Gandhi University Ors.
Mahatma Gandhi University Ors.
The Division Bench in appeal preferred by the University however set aside the decision of the Single Judge and later, dismissed Review Petitions as well, leading to the filing of these appeals by special leave.
Again, a Screening Committee was appointed, after due sanction from the Vice Chancellor of the University, to short list the applications received for the posts of Lecturers.
01.01.1996.
Same position was repeated for the next financial year 2016 2017.
This Resolution was brought on record only in the year 2011 through an affidavit of the University.
Pay in Rs.
Their appointment orders did number mention anything that the appointments were companytractual or on part time basis.
The Order issued by the University on 04.08.1999 extended the benefits of the Kerala Government Pay Revision, 1997 to the Non Teaching Technical staff.
In addition, applications were also invited for three posts of Lecturers in Mathematics which posts were on temporary basis for a period of three years but were likely to be made permanent.
Mahatma Gandhi University Ors.
The Order issued by the Government of Kerala on SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
At numberstage were they informed either through any Resolution or through any individual companymunication that their appointments were temporary or companytractual basis.
The facts as culled out in these three segments, point only in one direction that the appellants were appointed against substantive posts and were always treated to be on permanent basis.
The above appointment is governed by the provisions in the Mahatma Gandhi University Statues 1991.
P1, like all other numberifications, companytained the qualifications to be satisfied by the candidates.
It was on that basis the first respondent in W.A. 727/11 was appointed by Annexure I order, dated 21.04.1995.
On SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
The first document on record is the Resolution of the Syndicate dated 06.07.1996 whereunder it was resolved to create posts of teachers at various levels in engineering disciplines for starting B. Tech companyrses.
During the pendency of this review petition, while dealing with challenge on behalf of the University against the decision of a Single Judge of the High Court granting relief to some other teachers from the same Self Financing Institution, Writ Appeal No.727 of 2011 preferred by the University and other companynected matters were dismissed by Division Bench of the High Court on 07.12.2016.
The steps taken and the stand adopted thereafter by the University is on the premise that the University College of Engineering under the School of Technical and Applied SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
The Syndicate at its meeting held on 05.08.1997 has resolved to create the following teaching and number teaching technical posts for the University College of Engineering, Thodupuzha Name of Post No.
The appellants thereafter filed a Petition under Article 226 of the Constitution of India being O.P. C No.3818 of 2003 praying inter alia for quashing of the Order dated 23.03.2001 and Resolutions passed in the meeting of the Syndicate of the University insofar as the appellants were treated as having been appointed temporarily.
The challenge to the decision of the Division Bench dated 07.12.2016 in Writ Appeal No.727 of 2011 and other companynected matters by the University in Special Leave Petitions Diary No.10974 of 2017 and other companynected matters was rejected by this Court on 03.07.2017.
SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
Professor with specialization in 1 4500 any one of the following 7300/ branches Electrical Electronics Engineering, Electronics Communication Engineering, Polymer Engineering Computer Science Engineering Professor 3 4500 One each in Electronics 7300/ Communication Engineering, Polymer Engineering Computer Science Engineering SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
Same thought was carried in Resolution passed by the Syndicate in the Meeting held on 05.08.1997 for creating additional posts in engineering disciplines.
Soon thereafter, the Principal of the University College of Engineering informed the Registrar of the University on 18.04.2001 that the Teachers appointed in the College were number temporary and their appointments were governed by the provisions of the statutes of the University.
26.11.97 FN against one of the posts of lecturers created vide U.O. read above.
The Division Bench however recorded the statement of the Counsel for the University that the University was prepared to grant benefits of pay revision to the appellants with effect from 01.01.1996.
The appellants are right in submitting that their appointments were on substantive basis and number on companytractual basis or for limited duration of time.
The companycerned authority shall issue formal orders extending the pay revision benefits to the petitioners within a period of three months.
However, the Resolution was number referred to in the Order dated 25.08.1997 passed by the University and what was referred to was the Resolution of the Syndicate of the University passed on 05.08.1997.
The order dated 25.08.1997 passed by the University was again a reflection of the Resolution passed by the Syndicate on 05.08.1997.
The posts were stated to be transferable among four units of School of Technology and Applied Sciences viz.
The Resolution clearly indicated that the posts of Professors and Lecturers in various branches of Engineering were without any qualification whereas by the same Resolution, posts of teachers in certain subjects like Geometrical drawing, Physics, Chemistry, Mathematics and Humanities were to be filled on companytractual or part time basis.
The appellants were SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
Resolution was passed by the Syndicate of the University about creation of teaching and number teaching technical posts for the University College of Engineering.
It is therefore requested to companysider the representation of teachers favourably and issue necessary orders at the earliest.
Thereafter sanction was accorded by the Vice Chancellor on 03.09.1996 for companystituting various screening scrutinizing companymittees for selection to the posts of Professors and Lecturers.
During the pendency of the appeal, in terms of the directives issued vide order dated 01.02.2014, the University in its budget for the financial year 2015 2016 included the income and expenditure of Self Financing Institutions in the University fund.
Lecturers 6 2200 Two each in Electronics 4000/ Communication Engineering, Polymer Engineering, Computer Science Engineering Lecturer in Mathematics 1 2200 4000/ Workshop Foreman 1 1640 2900/ Trade Instructors 5 975 One each in Foundry, Fitting, 1660/ Carpentry, Sheet metal, Machine shop Tradesman 5 825 1250/ Teachers in the following allied subjects shall be engaged on companytract part time basis.
It would number therefore be proper on part of the University to brand the very same faculty to be on companytractual basis or for a limited duration of time.
The relevant portion of the letter was as under As per G.O. cited above as ref.
Signature Not Verified The appellants question the judgment and orders passed by the Digitally signed by MUKESH KUMAR Date 2019.02.28 171703 IST Reason Division Bench of the High Court of Kerala at Ernakulam i dated 20.11.2015 in Writ Appeal No.442 of 2014 arising from Original Petition SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
A Notification was issued on 15.07.1996 inviting applications in prescribed form from qualified candidates inter alia for the posts of teachers under the School of Technology and Applied Sciences in the University.
Mahatma Gandhi University Ors.
It was further resolved to create posts of teachers at various levels in said disciplines.
Whenever appointments were to be for limited duration or on companytractual basis, a clear stipulation was always made in the companycerned Resolution or Notification.
In pursuance to the numberification, the eligible applicants were companysidered and subjected to a Selection process, which resulted in the select lists already referred to as Exts.
Mahatma Gandhi University Ors.
Thus, at numberstage, the posts of teachers in engineering disciplines were referred to or described as companytractual or on part time basis.
The Writ Appeal was allowed by the Division Bench on 20.11.2015.
The facts in brief are as under All India Council for Technical Education SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
According to the appellants, they were appointed against substantive posts created by the Resolution of the Syndicate of Mahatma Gandhi University the University, for short at AICTE 1 scales of pay, through selection processes which were in companyplete companypliance of the provisions of the companycerned University Statutes and, on companypletion of one year of service, the University declared the appellants to have satisfactorily companypleted their probation.
The relevant portion of the Resolution was as under Further resolved to create the following posts at AICTE scales of pay with AICTE qualifications, to be filled up through advertisement.
Mahatma Gandhi University Ors.
Mahatma Gandhi University Ors.
of Scale of Non teaching posts Posts Pay 1 Workshop Instructor 1 Rs.1400 Gr.
By way of illustration, relevant portion of Order dated 17.12.1997 passed by the University in case of appellant number1 was as under O R D E R Sanction has been accorded to the following appointment in the University College of Engineering, Thodupuzha.
The posts were of Lecturers in Mechanical Engineering, Chemical Engineering and Computer Science.
However, instead of making these pay revisions effective from 01.01.1996, the effect was given from 01.01.2001.
SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
The Notification issued thereafter inviting applications from qualified candidates for posts of teachers was also companysistent with earlier Resolution and the Order issued by the University.
appointed pursuant to selection undertaken in terms of Notification dated 15.07.1996 or Resolution dated 05.08.1997.
The Order dated 25.08.1997 also did number qualify the posts to be limited for three years.
4251 4252 of 2018 Leave granted.
The above teaching positions are inter transferable among the three centres and the University College of Engineering, Thodupuzha depending upon the requirements fixed by the University.
18.05.2000 Government of Kerala issued an Order implementing revised scales of pay for Teachers in Engineering Colleges in the State w.e.f.
M.A. Abdul Hakeem Manzilul Karam Thalandu P.O. Erattupetta 686 580 Being appointed as Lecturer in Electronics and Communication Engineering in the Scale of pay of Rs.2200 4000/ w.e.f.
Technology and Applied Sciences in the University.
This Order further described the Teachers of University College of Engineering as Temporarily appointed for a period of 3 or more years.
and workload for B. Tech.
It was observed It is the admitted case of the University, that an establishment of the Self Financing Institutions, it had issued numberifications inviting applications for appointment of teaching staff.
Uday Umesh Lalit, J. Special Leave Petition Civil Nos.
The facts on record indicate that the appointments of the appellants were on permanent basis and that they were appointed through regular selection process.
Geometrical drawing Physics Chemistry Mathematics Humanities.
The first of such advertisement is Ext.
All these documents unequivocally suggest that the appointments of the appellants were number on companytractual basis or for a limited period of time.
II 1 Rs.1400 Polymer Engineering 2300 Workshop Instructor 1 Rs.1400 Gr.
II 2300 Mechanical Engineering Lab 1 Rs.825 Assistant Tradesman 1250 Chemical Engineering The expenditure for all the above posts shall be met from the self generated funds of the University College of Engineering, Thodupuzha under the School of Technology and Applied Sciences.
The facts in the first segment, therefore, are definitely in favour of the appellants.
SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
University College of Engineering, Thodupuzha, Regional Centres of School of Technology and Applied Sciences at Edappally, Mannanam and Pathanamthitta.
The Order issued by the University on 10.07.1996 was in tune with the Resolution dated 06.07.1996.
Mahatma Gandhi University Ors.
Aggrieved by the view taken by the Single Jude, the University filed Writ Appeal No.442 of 2014 before the Division Bench of the High Court.
At the same time, teachers for some of the subjects namely Geometrical drawing, Physics, Chemistry, Mathematics and Humanities were to be engaged on companytract part time basis.
It is the Resolution of the Syndicate which is referred in the order passed by the University on 25.08.1997 and number the Resolution of the statutory Finance Committee.
Posts Pay 1 Lecturers in Electronics 4 Rs.2200 Communication 4000 Engineering Lecturers in Computer 2 Rs.2200 Science Engineering 4000 Lecturers in Polymer 2 Rs.2200 Engineering 4000 Lecturers in Mechanical 2 Rs.2200 Engineering 4000 Lecturer in Mathematics 1 Rs.2200 4000 Lecturer in Chemical 1 Rs.2200 Engineering 4000 SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
The order also dealt with teachers to be appointed on companytract part time basis in relation to 5 subjects mentioned SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
An Order was thereafter issued by the University on 23.03.2001 for implementing the UGC AICTE pay revision to the Teachers including the Teachers of University College of Engineering.
Name of Post No.
The appellants filed Review Petition No.151 of 2016 in the High Court against aforesaid Order dated 20.11.2015.
No.3818 of 2003 and ii dated 20.09.2017 in Review Petition No.151 of 2016 in Writ Appeal No.442 of 2014.
18.05.2000 for implementing revised scales of pay for teachers in Engineering Colleges in the State companytemplated extension of revision in line with the recommendations of AICTE as approved by the Government of India with effect from 01.01.1996.
Thereafter, orders were issued by the University on 16.06.1999 in respect of appellants 1 and 5 that they had satisfactorily companypleted probation as Lecturers in University College of Engineering.
Some of the appellants were appointed as Lecturers pursuant to the selection undertaken in terms of the Notification dated 15.07.1996, while some were selected against the additional posts created in terms of the Resolution dated 05.08.1997.
The Principal, University College of Engineering has put forth the proposal for creating Teaching Technical posts as per the AICTE numberms SLP C No.4251 4252 of 2018 Abdul Hakeem M.A. Ors.
Mahatma Gandhi University Ors.
The appellants 2 and 4 were selected in the selection process so undertaken as Lecturers in Computer Science and Engineering and Mechanical Engineering respectively.
