IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 16139 of 2004(U) ----------------------------------------- PETITIONER(S): ------------------------- 1. MANOJ. M.K., TECHNICAL ASSISTANT, CASHEW RESEARCH STATION, MADAKKATHARA P.O., THRISSUR DISTRICT. 2. BABU. K.V., TECHNICAL ASSISTANT, BANANA RESEARCH STATION, KANNARA P.O., MARAKKAL, THRISSUR DISTRICT. 3. JAMES V.P., TECHNICAL ASSISTANT, R.A.R.S. PATTAMBI, MELE PATTAMBI P.O., PALAKKAD DISTRICT. 4. SREEDHARAN M.K., TRAINING ASSISTANT, K.V.K. PATTAMBI, MELE PATTAMBI, PALAKKAD DISTRICT. 5. JOHN. K. VARGHESE, TECHNICAL ASSISTANT, R.A.R.S. PATTAMBI, MELE PATTAMBI, PALAKKAD DISTRICT. 6. AMBUJAN C.V., TRAINING ASSISTANT, K.V.K. PATTAMBI, MELE PATTAMBI, PALAKKAD DISTRICT. 7. SUNNY K.M., TECHNICAL ASSISTANT, BANANA RESEARCH STATION, KANNARA P.O., MARAKKAL, THRISSUR DISTRICT. 8. JOLLY JOSEPH, TECHNICAL ASSISTANT, KCAET, TAVANNUR, MALAPPURAM DISTRICT. 9. RAJAMANI. K.S., TRAINING ASSISTANT, K.V.K., AMBALAVAYAL, AMBALAVAYAL P.O., WAYANAD DISTRICT. Kss ..2/- ...2.... WPC.NO.16139/2004 10. GHEE S. SUDHA, TRAINING ASSISTANT, K.V.K. SADANANDAPURAM, SADANANDAPURAM P.O., KOLLAM DISTRICT. 11. KRISHNA KUMAR. G., TECHNICAL ASSISTANT, COLLEGE OF AGRICULTURE, VELLAYANI P.O., THIRUVANANTHAPURAM DISTRICT. 12. JOY. S.J., TRAINING ASSISTANT, K.V.K. SADANANDAPURAM, SADANANDAPURAM P.O., KOLLAM DISTRICT. 13. ABDU SABEER P., S/O. MOHAMMED, PALLIYALIL HOUSE, VALIYAKUNNU P.O., MALAPPURAM DISTRICT, NOW WORKING AS TRAINING ASSISTANT, K.V.K. PATTAMBI, MELE PATTAMBI, PALAKKAD DISTRICT. 14. JAYAKUMAR G., S/O. R. GOPINATHAN PILLAI, ELAMTHOTTATHU PUTHEN VEEDU, KARAZHAMA WEST, CHERUKOLE P.O., MAVELIKKARA-690 104, NOW WORKING AS TECHNICAL ASSISTANT, SUGARCANE RESEARCH STATION, KALLUNGAL P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY MR.MR.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV.MR.P.RAJKUMAR, MR.T.S.ARUN KUMAR. RESPONDENT(S): --------------------------- 1. THE VICE CHANCELLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DISTRICT. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DISTRICT. R1 & R2 BY ADVS.MR.N.D.PREMACHANDRAN, SC, AGRL.UNTY, MR.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16139/2004 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.EXTN(3)790667/93 DTD. 15/09/1993 ISSUED BY R1. P2: COPY OF ORDER NO.EXTN(2)/92565/94 DTD. 22/06/1995 ISSUED BY R1. P3: COPY OF ORDER NO.GA/B1/39010/96 DTD. 27/11/1996 ISSUED BY R2. P4: COPY OF ORDER NO.BG/A1/44036/93 DTD. 11/07/1994 ALONG WITH ITS ANNEXURE I. P5: COPY OF ORDER NO.BG/A2/24600/97/FIN. DTD. 28/01/1999 ALONGWITH ITS ANNEXURE 1. P6: COPY OF REMINDER LETTER DTD. 27/10/2001 SUBMITTED BEFORE R1. P7: COPY OF ORDER NO.BG/A2/44036/93 DTD. 6/01/2001 ISSUED BY K.A.U. P8: COPY OF THE REPRESENTATION DTD. 3/04/2001 SUBMITTED BY THE PETITIONER BEFORE R2. P9: COPY OF THE ORDER DTD. 6/01/2001 ISSUED BY THE FINANCE WING OF K.A.U. P10: COPY OF ORDER NO.GA/J1/154/97 DTD. 22/02/1997 ISSUED BY R2. P11: COPY OF THE ORDER OF THE KERALA AGRICULTURAL UNIVERSITY REGARDING ESTABLISHMENT OF K.V.K. AT KANNUR DTD.17/04/2004. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J ................................................ W.P(C) No. 16139 of 2004 ................................................. Dated this the 7th day of December, 2009 J U D G M E N T Petitioners are Technical Assistants/ Training Assistants in the Kerala Agricultural University. Their grievance in this writ petition is that in the matter of implementation of pay revision orders for 1992, 1997 and 2004 pay revisions, petitioners have been for hostile discrimination insofar as they have not been given the benefit of the pay revision orders, whereas pay of all other employees of the University had been revised as per the pay revision orders. They have got a further contention that as per Ext.P7 University order, Technical Assistants on completion of 8 years of service are entitled to be promoted as Technical Officer Grade II and Technical Officer Grade II on completion of 7 years or a total service on 15 years are entitled to be promoted as Technical Officer Grade I. The grievances of the petitioners in this regard is that although they have completed more than 15 years, they are still working only as Technical Assistants and they are entitled to benefits of time bound promotions as prescribed in Ext.P7 University order. Therefore the petitioner seeks the following reliefs: W.P(C) No. 16139 of 2004 -2- “a) To issue a writ of mandamus commanding the respondents to implement the revision of pay scale that had been done on several occasions to the petitioners also taking into account the pay scale at the time of their appointment and removing anomalies, if any, and grant them eligible higher scale of pay in implementation of the revision of pay by the Government of Kerala. b) To issue a Writ of Mandmus directing the respondents to disburse the monetary benefits and promotion due to such revision with retrospective effect from the date on which the other employees granted revision of pay scale.” 2. As far as the pay revision is concerned, subsequent to filing of the writ petition, the University has passed two orders namely Order No. GA/B3/2463/01 dated 12.7.2007 & 17.7.2007 whereby the benefit of pay revision in tune with 1992, 1997 and 2004 pay revision orders was given to the Technical Assistants / Training Assistant also which has been extended to the petitioners as per the 2nd order referred to above. But however, the monetary benefits of the same were restricted to periods from 1.4.2005 onwards only. Petitioners submit that this is also discrimination since the pay revision benefits were given to all other employees with effect form the dates fixed in the pay revision orders themselves and therefore there is no reason why the petitioners should be denied monetary benefits for the period prior to 1.4.2005 from the actual date of implementation of the pay revision orders. W.P(C) No. 16139 of 2004 -3- They also submit that the time bound promotions as provided in Ext.P7 have not been given to them. 3. I have heard the counsel for the University also. 4. In view of the orders referred to above, it is not now disputed that the petitioners are entitled to revision of pay as per the 1992, 1997 and 2004 pay revision orders. It is not also disputed before me that other employees of the University got the revision of pay with effect from the dates fixed for implementation of the pay revision orders themselves. That being so, there is no reason why the petitioners should be denied monetary benefits for the period prior to 1.4.2005 from the date of implementation of the pay revision orders. The only reason mentioned by the counsel for the University is paucity of funds. Paucity of funds cannot be a ground for sustaining discriminatory orders. Therefore, I am of opinion that the petitioners are entitled to monetary benefits in respect of the pay revisions not from 1.4.2005 onwards but from the dates when the monetary benefits of such pay revision were given to other employees of the University. It is also not disputed before me that as per Ext.P7 order, Technical Assistants who have completed 8 years of service are entitled to be promoted as Technical Officers Grade II and Technical Officers Grade II on W.P(C) No. 16139 of 2004 -4- completion of 7 years or a total service of 15 years are entitled to be promoted as Technical Officers Grade I. As is clear from the date of appointment of the petitioners as Technical Assistants, it is clear that all of them have completed 8 years of service as Technical Assistants. That being so, they have become entitled for being promoted as Technical Officers Grade II with effect from the date when they completed 8 years of service. There would be a direction to the respondents to grant the petitioner the said promotion as per Ext.P7 order. Orders regarding grant of monetary benefits in respect of the pay revision with effect from the original dates of implementation of the pay revision orders and grant of promotion as Technical Officers Grade II shall be issued, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge