IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19369 of 2011(U) -------------------------- PETITIONER(S): -------------------- 1. DR. E.K.THOMAS, PROFESSOR, DEPARTMENT OF AGRICULTURAL ECONOMICS, COLLEGE OF HORTICULTURE, VELLANIKKARA, THRISSUR-680 654. (RESIDING AT ETHIYADATHU - ANN VILLA, MANNUTHY P.O., THRISSUR-680 651). 2. DR. C.T.ABRAHAM, PROFESSOR & HEAD, AICRP ON WEED CONTROL, DEPARTMENT OF AGRONOMY, COLLEGE OF HORTICULTURE, K.A.U. P.O., THRISSUR-680 654. (RESIDING AT CHIRATHADAM HOUSE, MANNUTHY P.O., THRISSUR-680 651.) BY ADVS. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, P.O.KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA-680 654, THRISSUR. 3. KERALA AGRICULTURAL UNIVERSITY, P.O.KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA-680 654, THRISSUR, REPRESENTED BY ITS REGISTRAR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, P.O.KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA-680 654, THRISSUR. BY GOVERNMENT PLEADER SRI.V.VIJULAL BY SRI.K.P.MUJEEB, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19369 of 2011(U) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF ORDER N0.GA/C2/309996/88 DT.3.4.1990 OF THE 2ND RESPONDENT ISSUED TO THE 1ST PETITIONER. EXT.P1(A). COPY OF ORDER NO.GA/C2/41477/88 DT.3.3.1989 OF THE 2ND RESPONDENT ISSUED TO THE 2ND PETITIONER. EXT.P2. COPY F ORDER, G.O.(P) NO.171/99/H.EDN.DT 21.12.1999 OF THE 1ST RESPONDENT. EXT.P3. COPY OF ORDER N0.GA/C2/23346/99 DT.25.8.2007 OF THE 3RD RESPONDENT ISSUED TO THE 1ST PETITIONER. EXT.P3(A). COPY OF ORDER N0.GA/C2/23346/99 (133) DT.25.8.2007 OF THE 3RD RESPONDENT. EXT.P4. COPY OF THE JUDGMENT OF THIS HONOURABLE COURT, DT. 19.2.2010 IN WPC NO.412 OF 2008 Y. EXT.P5.COPY OF ORDER N0.GA/C2/30484/09 DT.19.7.2007 OF THE 3RD RESPONDENT TO THE 4TH RESPONDENT AND OTHERS. EXT.P6.COPY OF REPRESENTATION DT. 30.5.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P6(A).COPY OF REPRESENTATION DT. 12.7.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. RSPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19369/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July, 2011 J U D G M E N T The petitioners have approached this Court seeking for the following reliefs:- “i. issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exts.P1 and P2; ii. Declare that the petitioners are legally entitled to get inducted into 1986 UGC Scheme as Associate Professor in Rs.3700-5700 pay scale with effect from 09.11.1979 and 06.10.1977 respectively and to get the Career Advancement Promotions and the benefits thereon; iii. Declare that the petitioners are legally entitled to get the arrears of salary and other allowances with increment with effect from 09/11/1979 and 06/10/1977 respectively in Rs.3700-5700 pay scale and in subsequent pay scales thereafter; iv. issue a writ of mandamus or any other appropriate writ, order or direction, W.P.(C). No.19369/2011 -:2:- commanding respondents 3 and 4 to re-fix the salary of the petitioners in Rs.3700-5700 pay scale with effect from 09.11.1979 and 06.10.1977 respectively and in the subsequent pay scales thereafter; v. issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; vi. award costs.” 2. They point out that in various writ petitions, the details of which are mentioned in para.1 herein, similar reliefs have been granted by this Court. 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the University. The petitioners are claiming the benefit under the various U.G.C Schemes. In para.14 it is averred that they are entitled to be inducted into the 1986 UGC Scheme by retaining the non-cadre promotion to the post of Associate Professor and having Ph.D from January 1989 and January 1980. Accordingly, it is submitted that they are entitled to get Career Advancement W.P.(C). No.19369/2011 -:3:- Promotion to the post of Professors on completion of eight years of service with effect from 1990 and 1986 in the scale of Rs.16400-22400 as per UGC Scheme. It is pointed out that similarly placed Professors approached this Court challenging the inaction on the part of the respondents by filing W.P.(C).No.34023/2007 and connected cases. The writ petitions were disposed of by Ext.P4 Judgment and thereafter, the Executive Committee has taken a decision as per Ext.P5 to implement the same. It is pointed out that the third respondent has taken a view that Ext.P4 Judgment will apply only in respect of the petitioners therein and thereafter, the petitioners herein have filed appropriate representations and, as they were not granted the benefits, this writ petition has been filed. 4. Evidently, going by the findings in Ext.P4 Judgment, the petitioners are entitled to get the benefits from the date on which non cadre promotion has been granted and not from the date on which appointment was made as rightly pointed out by the learned Standing W.P.(C). No.19369/2011 -:4:- Counsel for the University. The learned Standing Counsel for the University therefore, submitted that the reliefs sought for by the petitioners as such cannot be granted and the claim has to be considered only in terms of the declaration made in Ext.P4 Judgment. Evidently, by Ext.P5 Order, the Executive Committee has decided to implement the Judgment. Therein, in para.2 it is stated as follows:- “ii. The judgment of the division bench of Hon'ble High Court to grant the scale of pay of Rs.3700-5700 with effect from the date of non-cadre promotion as Associate Professor is made applicable to all those teachers/scientists who were earlier granted promotion as Associate Professor (NC).” Therefore, it is clear that the benefits have been granted to persons from the date of non cadre promotion as Associate Professor. Therefore, it is declared that the petitioners are also entitled for the said benefit only and not as claimed in the relief portion of the writ petition and in the scale of pay of Rs.3700-5700. W.P.(C). No.19369/2011 -:5:- Appropriate decision will be taken in the light of Ext.P4 Judgment of this Court and Ext.P5 order passed by the University with regard to the grant of benefits and the same will be communicated to the petitioners within a period of one month from the date of receipt of a copy of this Judgment. The benefits due will be disbursed within a further period of two months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms