IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 37132 of 2009(J) ----------------------------------------- PETITIONER(S): ------------------------- DR.P.RAJENDRAN, PROFESSOR & PROJECT COORDINATOR, C.G.S.A.F.E.D., K.A.U.POST, VELLANIKARA, THRISSUR, RESIDING AT SREEVALSAM, S.G.PRESS P.O., SHORNUR, PALAKKAD. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRERSENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O.,VELLANIKKARA, THRISSUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. R1 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD R2 TO R4 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI.UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/11/2010 ALONG WITH WPC NO. 37133 OF 2009 AND WPC NO. 37187 OF 2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37132/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.GA/C2/41477/88 DTD. 3/3/89. P2: COPY OF THE ORDER NO.GO.(P) NO.171/99 DTD. 21/12/99. P3: COPY OF THE LETTER NO.G-3-1/94(PS)-6 DTD. 5/10/2000. P4: COPY OF THE ORDER NO.G.O.(P) NO.40/2002/H.EDN. DTD. 30/04/2002. P5: COPY OF PROCEEDINGS NO.GA/C2/23346/99(313) DTD. 25/08/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.T.SANKARAN, J. ----------------------------------------- W.P.(C).No. 37132, 37133 & 37187 OF 2009 ----------------------------------------- Dated this the 1 st day of November, 2010 JUDGMENT The reliefs prayed for in WP(C) No.37132 of 2010 are the following: “a) Issue a Writ of Certiorari or appropriate Writs, directions or orders calling for the records leading up to Ext.P5 and quash Ext.P5 to the extent to which inducted the petitioner to the post of Associate Professor in Rs.3700-5700 scale with effect from 30.12.89 instead of 8.9.88 and Professor with effect from 16.1.2001 instead of 8.9.96 or with effect from 13.12.97; b) Declare that the petitioner is legally entitled to get the induction to the post of Associate Professor in Rs.3700-5700 scale in 1986 UGC Scheme with effect from 8.9.88 and career advancement promotion to the post of Professor in Rs.16400-22400 scale in 1996 UGC Scheme with effect from 8.9.96 or with effect from 13.12.97; c) Issue a Writ of Mandamus or appropriate writs directions or orders directing the respondents 3 and 4 to re-fix the salary of the petitioner to the post of Associate Professor in Rs.3700-5700 pay scale with effect from 8.9.88 and to the post of Professor in Rs.16400-22400 pay scale with effect from 8.9.96 or with effect from 13.12.97 and disburse the consequential arrears, and increments forthwith.” W.P.(C).No. 37132, 37133 & 37187 OF 2009 2 2. Similar prayers are made in the other Writ Petitions also. 3. The learned counsel for the petitioner submitted that it is not necessary to consider relief No.(a) at present. He submitted that in so far as relief No.(b) is concerned, it is covered in favour of the petitioners by the decision in WP(C) No.6558 of 2008. It is also submitted by the learned counsel for the petitioner that in Civil Appeal No. 2540 of 2009 and connected cases, the Supreme Court approved the view taken by the High Court. In view of the judgment referred to above, the petitioners would be entitled to the pay of Rs.3700-5700/- with effect from the date of non cadre promotion as Associate Professors. The learned Standing Counsel appearing for the University as well as the learned counsel for the petitioner submitted that the second part of relief No.(b) i.e, Career advancement promotion was W.P.(C).No. 37132, 37133 & 37187 OF 2009 3 already granted to the petitioners with effect from 27.7.1998, 25.1.1998 and 3.2.2002 respectively. The learned counsel for the petitioners submitted that this submission made by the Standing Counsel is correct. Accordingly, the Writ Petitions are disposed of directing the respondents 2 to 4 to grant salary to the petitioners in the pay scale of Rs.3700-5700 from the date of their non cadre promotion as Associate Professors. Consequential orders shall be passed and arrears of salary shall be paid within two months. K.T.SANKARAN, JUDGE cms