IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 6401 of 2011(A) ------------------------------- PETITIONER: -------------- DR.K.JAYASREE VADHYAR, (RETIRED ASSOCIATE PROFESSOR(AQUA-CULTURE), COLLEGE OF FISHERIES, KERALA AGRICULTURAL UNIVERSITY, PANANGAD, KOCHI-682506), RESINDNG AT YASORAM, CONVENT ROAD, ERNAKULAM, KOZHI-682035. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT: ---------------- KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680656, REPRESENTED BY ITS REGISTRAR. BY SRI. K.P. MUJEEB, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6401/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.G1/C1/39169/02 DTD. 28.2.03. EXT. P2 : COPY OF REPRESENTATION DTD. 25.5.08 SUBMITTED BY PETITIONER BEFORE VICE CHANCELLOR KERALA AGRICULTURAL UNIVERSITY. EXT. P3 : COPY OF APPLICATION DTD. 13.3.09 SUBMITTED BY PETITIONER BEFORE PUBLIC INFORMATION OFFICER, KERALA AGRICULTURAL UNIVERSITY. EXT. P4 : COPY OF LETTER No.GAC3/8370/09 DTD. 26.3.09 OF RESPONDENT. EXT. P5 : COPY OF LETTER No.GA/C2/29151/06 DTD. 29.1.09 OF RESPONDENT. EXT. P6 : COPY OF GOVT. LETTER No.3563/AF2/09/AD DTD. 29.5.09. EXT. P7 : COPY OF JUDGMENT IN WP(C) 24760/09 DTD. 4.11.09 OF THIS COURT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6401 OF 2011 --------------------------------------- Dated this the 23rd day of June, 2011. J U D G M E N T The petitioner voluntarily retired from the service of the University on 28.02.2003 as Associate Professor. The petitioner contends that even before the retirement, she was entitled for Career Advancement Promotion on completion of 8 years of service as Associate Professor. Even though various representations were filed, finally by Ext.P4, it was informed that the Rules do not provide for granting CAP to retired teachers. It was also informed that the Government have already been addressed for further advice on the matter. 2. It is submitted that the issue has been finally concluded by a judgment of this Court in W.P.(C) No.24760/2009. A copy of the said judgment has been produced as Ext.P7. In the said case, identically placed retired teachers of the University approached this Court seeking the very same benefit under the CAP Scheme. This Court relied upon the judgment in Writ Appeal W.P.(C) No.6401/11 2 No.2363/2008 wherein it was held that the petitioners are eligible for grant of benefit. Paragraph 6 of the judgment in the above writ petition is reproduced below. “Learned counsel for the petitioners submitted that the legal position is now covered by the judgment of a Division Bench in Writ Appeal No.2363/2008 (Exhibit P5) filed against the judgment in W.P.(C) No.22151/2008 relied on by the University in Exhibit P3. In Exhibit P5 judgment in Writ Appeal No.2363/2008, the Division Bench held thus in paragraph 2: “..........When there is no vacancy for cadre promotion, such persons are given grade promotion. In many establishments, of late, such promotions are being called Career Advancement Promotion. Whatever be the nomenclature, it is a promotion granted to persons, who do not have normal promotion chances, even after stagnating in the lower post for several years. The claim for promotion of an incumbent has to be considered with reference to the conditions obtained on the date of occurrence of the vacancy. In this case, there is no question of any vacancy arising in the cadre post. The said principle of law can be applied to the facts of this case also. The incumbent's claim has to be considered with reference to the time when he attained the necessary qualification for promotion. If that be so, the appellant's turn arose for promotion in the year 2000. At that time, she was in service. She retired only four W.P.(C) No.6401/11 3 years thereafter. We also notice that the Government have approved the 1996 UGC Scheme for implementation in the State as per G.O.(P) No.171/99/H.Edn. dated 21.12.1999. Because of the delay and laches from the part of the University, it was implemented belatedly and for that reason the benefit flowing from the ACP Scheme cannot be denied to the appellant”. ” 3. In paragraph 7 this Court held that “the petitioners retired from service only after they became entitled for the Career Advancement Promotion as evident from the dates on which they have completed eight years of service on 10.03.1990 and 31.08.1989 respectively”. It is pointed that the juniors to the petitioner herein were granted the benefit with effect from 27.07.1998. 4. Learned Standing Counsel for the University submitted that the situation of the petitioner is identical to that of the petitioners in Ext.P7 judgment. Therefore, it is declared that the petitioner is also entitled for the benefit. Since the proposal is already placed before the Executive Committee, there will be a direction to the University to finalise the action and take a decision within a period of two W.P.(C) No.6401/11 4 months from the date of receipt of a copy of this judgment, in the light of Ext.P7 judgment. Consequential benefits also will be disbursed within a period of two months thereafter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp