IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 26590 of 2008(M) -------------------------------- PETITIONER: -------------- DR.B.RAJAGOPALAN, RETIRED PROFESSOR, COLLEGE OF AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM, NOW RESIDING AT 'KAIRALI', KATTACHALKUZHI P.O., BALARAMAPURAM. BY ADVS. SRI.N.SUKUMARAN SRI.S.SHYAM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR. KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR. 3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KERALA AGRICULTURAL UNIVERSITY P.O THRISSUR. 4. DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR. BY SRI.K.P. MUJEEB, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.26590/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF R2 DTD. 26.9.77. EXT. P2 : COPY OF ORDER OF R2 DTD. 6.6.00. EXT. P3 : COPY OF ORDER OF R1 DTD.25.6.90. EXT. P4 : COPY OF ORDER OF R4 DTD. 19.6.02. EXT. P5 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R2 DTD. 11.7.03. EXT. P6 : COPY OF LETTER OF RESPONDENT DTD. 18.3.05. EXT. P7 : COPY OF ORDER OF R1 DTD. 9.6.00. EXT. P8 : COPY OF LETTER OF R1 DTD. 10.1.05. EXT. P9 : COPY OF ORDER OF R2 DTD. 23.4.05. EXT. P10 : COPY OF LETTER SUBMITTED BY PETITIONER DTD. 10.6.05. EXT. P11 : COPY OF ORDER OF R4 DTD. 31.5.05. EXT. P12 : COPY OF ORDER OF HON'BLE HIGH COURT OF KERALA IN WP(C) 18189/05 DTD. 17.6.05. EXT. P13 : COPY OF ORDER OF R2 DTD. 13.2.06. EXT. P14 : COPY OF ORDER OF R1 DTD. 19.8.06. EXT. P15 : COPY OF JUDGMENT OF THIS COURT IN WP(C) 18189/05 DTD. 16.3.07. EXT. P16 : COPY OF ORDER OF R2 DTD. 26.6.08. EXT. P17 : COPY OF ORDER OF R1 DTD. 19.3.07. EXT. P18 : COPY OF ORDER OF R2 DTD. 25.8.07. EXT. P19 : COPY OF ORDER OF R2 DTD. 25.8.07. EXT. P20 : COPY OF ORDER OF R2 DTD. 25.8.07. WP(C).No.26590/2008 EXT. P21 : COPY OF RELEVANT EXTRACT OF FIRST STATUTE FOR PROMOTION. EXT. P22 : COPY OF LETTER OF R4 TO R3 DTD. 13.11.06. EXT. P23 : COPY OF ORDER OF R3 DTD. 6.7.06. EXT. P24 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R2 DTD. 31.7.08. EXT. P25 IN : COPY OF COMMUNICATION ISSUED BY R2 TO PETITIONER I.A.15126/09 DTD.30.06.09. EXT.P25 IN : COPY OF REPRESENTATION SUBMITTED BY PETITIONER I.A.5942/11 BEFORE VICE CHANCELLOR OF R2 DTD. 27.9.10. EXT. P26 : COPY OF MINUTES OF MEETING OF REDRESSAL COMMITTEE I.A.5942/11 R2 DTD. 19.11.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26590 of 2008 -------------------------------------------------- DATED THIS THE 21st DAY OF OCTOBER, 2011 J U D G M E N T The petitioner herein is a retired Professor of the College of Agriculture, Vellayani. He retired from service on 26.5.2006. In the Writ Petition, the main prayer is to quash Exhibit P16 and to grant retrospective promotion to the petitioner as Associate Professor with effect from 3.1.1982 and as Professor with effect from 19.1.1990 as per Exhibit P2 and pay arrears of salary and pension. 2. Exhibit P26 produced by the petitioner along with I.A.No.5942/2011 is the copy of the minutes of the 4th Redressal Committee Meeting held on 19.11.2010. The learned counsel for the petitioner submitted that therein as item No.10, the following decision has been taken. “10. Promotion given and subsequent reversion: Dr.K.Pushkaran, Dr.B.Rajagopalan and Dr.N.Remabai- three retired teachers of KAU were reverted as Associate Professor from the cadre of Professor. It was decided to restore their Professorship with reference to Sri P.C.Mathew and to place their cases before the Executive Committee for implementation. W.P.(C)No.26590/08 -2- The name of the petitioner is also mentioned in the above decision. 3. It is submitted that in the Writ Petition filed by Dr.K.Pushkaran, whose name is also included therein, this Court has already issued a direction to the Executive Committee to take a decision. 4. I am not expressing anything on the merits of the matter, since the decision of the Redressal Committee as per Exhibit P26 is to place the matter before the Executive Committee for implementation. The 2nd respondent will therefore act accordingly to place the same before the Executive Committee and depending upon the decision to be taken, the monetary benefits, if any, sanctioned to the petitioner also will be disbursed. Appropriate steps will be taken within a period of two weeks from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn