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2012 DIGILAW 569 (KER)

Secretary, Higher Education Department v. V. R. Rajalakshmi

2012-06-22

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR

body2012
Judgment:- Ramachandran Nair, J. 1. Writ Appeal is filed by the State challenging the judgment of the learned Single Judge directing the Government to extend the leave granted to respondents 1 and 2 by one year for completing the Ph. D. course. We have heard Senior Government Pleader appearing for the appellants and counsel appearing for the respondents. 2. The grievance of the State is that respondents 1 and 2 who are Senior Lecturers with respondents 3 and 4 respectively were granted two years' leave vide Exts.P1 and P2 for undertaking Ph.D. course and for acquiring the Degree on condition that the two years leave with salary and allowances granted will not be extended. In fact pursuant toExts.P1 and P2, respondents 1 and 2 furnished bond to the Government under taking to comply with the Government orders strictly in terms there of. The case of the appellants is that in breach of the conditions contained in Government Orders Ext.P1 and P2 sanctioning leave and also in breach of the undertaking given by respondents 1 and 2, they applied for extension of leave by one year to complete Ph.D. course study and the same was illegally recommended by the UGC as well as by the management. Counsel appearing for the management submitted that the management does not have serious role in the matter and they go by the advice of the UGC which reimburses salary and allowances paid to substitute teachers appointed by the Government in the place of teachers who are granted leave to acquire Ph.D. 3. After hearing Government Pleader and counsel appearing for respondents, we are absolutely satisfied that Government is entitled to enforce the conditions contained in Exts.P1 and P2 and also the conditions undertaken by respondents 1 and 2 in the bond executed by them. In the first place, we notice that leave was granted to first respondent when she had already completed 50 years of age. It may be noticed that when Ext.P1 was issued, the retirement age of college Lecturers was 55 years and we do not know what purpose the Government and the public will receive by a college Lecturer acquiring Ph. D. in the fag end of her career. With the extension now granted, the first respondent had only two years left as on the date of granting leave to serve the institution with Ph.D., that too, in language. D. in the fag end of her career. With the extension now granted, the first respondent had only two years left as on the date of granting leave to serve the institution with Ph.D., that too, in language. We are of the view that the Government committed a major mistake in granting leave with salary and allowances to a retiring college Lecturer to acquire Ph. D. as the same does not achieve the objective of the scheme of enriching the teacher with more specialised learning to improve coaching in the institution. Going by the ultimate decision we propose to take in this case, we do not propose to go into the age and other details of the second respondent. Needless to mention that the Government should grant facility of this kind only to relatively young faculty members so that alteast they get 10 years period of service after completion of Ph.D. to serve the institution. Since everything is over in the case of respondents 1 and 2, that too, on there commendation of UGC, we do not want to interfere with the extension of leave granted to respondents 1 and 2, particularly, when State has no financial loss in as much as the salary and allowances paid to the Lecturers in the leave vacancies were reimbursed by the U.G.C. 4. We are of the view that even if U.G.C. is reimbursing the salary of teachers appointed in leave vacancies, in respect of all those who are granted leave for acquiring higher ualifications while in service, the Government is still free to impose conditions such as fixing time frame for completion of the course study and for acquiring degree and if there is breach, even disciplinary action is possible against such teachers. In our view, if senior Lecturers who have served for several years as teaching faculty members, are not able to acquire Ph.D. in two years in language, the same is a poor reflection of their competence and, therefore there is no justification for considering any extension of time for completion of the course study for taking Ph.D. Therefore, while considering application from candidates, it is worthwhile for the Government to consider academic records and the potential of the candidate to acquire Ph.D. within the promised time frame and if Government is satisfied that the candidate is unlikely to accomplish the commitment, application could be rejected forthwith, no matter it is recommended by the management or University. Going by the above findings, we make it clear that the Writ Appeal is dismissed in spite of our findings in favour of the Government because Government does not have financial loss in as much as UGC has reimbursed salary paid to substitute teachers appointed in leave vacancies of respondents 1 and2. However, if UGC does not refund the salary and allowances paid to the substitute teachers appointed in leave vacancies of respondents 1and 2, the Government shall recover the arrears from respondents 1and 2.