IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 264 of 2008(F) -------------------------------------- PETITIONER(S): ------------------------ DR.T.N.VILASINI, PROFESSOR (PLANT PATHOLOGY), FACULTY OF AGRICULTURE, ONATTUKARA REGIONAL AGRICULTURAL RESEARCH STATION, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, TRISSUR. R1 BY GOVT. PLEADER SRI.V.T.K.MOHANAN R2 TO R4 BY ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY R2 TO R4 BY ADV. SRI.K.P.MUJEEB, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011, ALONG WITH WPC. NO.6566 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.264/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.GA/C2/41477/88 DTD. 3.3.89. P2:- COPY OF THE ORDER NO.GA/C2/33087/02 DTD. 25.6.2005. P3:- COPY OF THE ORDER GO(P) NO.171/99/H.EDN. DTD. 21.12.1991. P4:- COPY OF THE ORDER GO(P) NO.40/2002/H.EDN. DTD. 30.4.2002. P5:- COPY OF THE ORDER NO.GA.C2/23346/99/(511) DTD. 25.8.2007. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.264 & 6566 Of 2008 ----------------------------------------------------- DATED THIS THE 17th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner in W.P.(C)No.6566/2008 is working as Professor in the Agricultural Extension College of Agriculture, Vellayani and the petitioner in W.P.(C)No.264/08 is working as Professor in the Faculty of Agriculture, Onattukara Regional Agricultural Research Station, Kayamkulam. In both these Writ Petitions, common issues have been raised and therefore, they are being disposed of by a common judgment. 2. The sole question raised by the petitioners is whether they are entitled for grant of benefits based on the date of grant of non-cadre promotion. In W.P.(C)No.6566/08, the second prayer is to grant a declaration that the petitioner is legally entitled to get inducted into 1986 UGC Scheme as Associate Professor in the scale of pay 3700-5700 with effect from 28.5.1987 and to get the career advancement promotion to the post of Professor in the scale of pay of Rs.16400-22400 with effect from 1.1.1996 in the 1996 UGC Scheme. It is also prayed that arrears also may be granted accordingly. In W.P.(C) W.P.(C)Nos.264 & 6566/08. -2- No.264/2008, the second prayer is as follows: “declare that the petitioner is legally entitled to get inducted into 1986 UGC Scheme as Associate Professor in 3700-5700 pay scale with effect from 5.1.1988 and to get the career advancement promotion to the post of Professor in Rs.16400-22400 pay scale with effect from 12.7.1996. The petitioner has also prayed for arrears with effect from the respective dates. 3. It is submitted by the learned counsel for the petitioner that the legal issue in respect of the claim of the petitioners is covered in their favour in the light of the decision of the Division Bench of this Court in W.P.(C)No.6558/2008 which stands confirmed by the Apex Court in the judgment in Civil Appeal Nos.2540-2542/09. In the judgment in W.P.(C) No.6558/08, this Court held in paragraph 11 that “the date on which the petitioner obtained non-cadre promotion cannot be ignored.” It was also found that on induction to UGC/ICAR scheme, the petitioner therein is entitled to get the equivalent scale of pay of the existing scale of pay that she was drawing. W.P.(C)Nos.264 & 6566/08. -3- Ultimately, thereafter this Court directed the respondents to grant the benefits from the said date. 4. In the light of the above judgment of this Court which is upheld by the Apex Court, the petitioners are also entitled for similar benefit and it is declared so. The Writ Petitions are allowed. Exhibit P5 produced in W.P. (C)No.6566/08 and W.P.(C)No.264/08 will stand modified accordingly. Appropriate orders will be passed granting the benefits to the petitioners and the arrears consequent on the same will also be disbursed within a period of two months. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge