IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 18276 of 2005(A) --------------------------------------- PETITIONER(S): ---------------------- C.C.CHANDY, CHALAYIL HOUSE, ONAMTHURUTHU P.O., VIA-KAIPUZHA, KOTTAYAM. PEON (SPL. GRADE) SCHOOL OF INDUSTRIAL FISHERIES. BY ADV. MR.JOHNSON P.JOHN RESPONDENT(S): -------------------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REP. BY ITS REGISTRAR, KOCHI-22. 2. THE FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22. R1 & R2 BY ADV. MR.A.A.ABUL HASSAN,SC,COCHIN UNIVERSITY . MR.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18276/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 4.9.89. P2:- COPY OF THE ORDER DTD. 25.2.91. P3:- COPY OF THE ORDER DTD. 24.8.93 ISSUED BY THE IST RESPONDENT. P3(a):- COPY OF THE ORDER DTD. 28.9.93 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE ORDER DTD. 24.3.1997. P5:- COPY OF THE ORDER DTD. 20.4.05 ISSUED BY 2ND RESPONDENT. P6:- COPY OF THE PENSION PAYMENT ORDER DT. 20.4.05. P7:- COPY OF THE REPRESENTATION DT. 27.4.05. P8:- COPY OF THE LIABILITY CERTIFICATE DTD. 26.4.05. RESPONDENT'S EXHIBITS R1(A):- COPY OF THE RELEVANT PORTION OF THE G.O.(P) NO.3000/98/FIN. DTD. 25.11.1998 ISSUED BY THE GOVT. OF KERALA. R1(B):- COPY OF THE LETTER NO.6397/B2/02/H.EDN. DTD. 5.11.02 ISSUED BY THE GOVT. OF KERALA. R1(C):- COPY OF THE LETTER NO.8045/B2/2004/H.EDN. DTD. 16.8.04 ISSUED BY THE GOVT. OF KERALA. R1(D):- COPY OF THE REQUEST DTD. 4.7.89 OF THE PETITIONER. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18276 of 2005-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2009. JUDGMENT The petitioner retired from the service of the University as Peon (Special Grade) on 31.1.2005. Aggrieved by the sanctioning of reduced pensionary benefits, this writ petition has been filed. 2. The service particulars of the petitioners show that he was appointed on 13.3.1967and was granted the first higher grade on 2.7.1989 as per Ext.P1. Going by Ext.P2, on completion of 20 years of service, he was granted higher grade with effect from 9.12.1988. As per the decision of the Syndicate of the University dated 9.12.1988, higher grades are allowable on completion of 7, 15, 20 and 25 years of service for various categories of employees. Accordingly, for all employees 25 years higher grade was sanctioned and the petitioner was sanctioned the said higher grade on the recommendation of the staff council on 27.4.1993. Subsequent pay revisions have been effected and the petitioner was allowed to retire in terms of the pay scales fixed from time to time. But when the pensionary benefits were sanctioned, on the basis of the audit objections raised by the Local Fund Audit, only a reduced pension and DCRG, etc. wpc 18276/2005 2 were sanctioned and an amount of Rs.67,457/- was shown as liability, as per Ext.P8. It is in these circumstances, the petitioner has filed this writ petition. 3. In the counter affidavit filed by the University, various aspects have been explained. It is pointed out that in the light of the audit objections, the reduced pensionary benefits were sanctioned to the petitioner. Even though the matter was taken up before the Government, that was not cleared also. Learned counsel for the University pointed out that the Syndicate in its decision dated 19.7.2008, decided to waive the audit objections and to release the withheld amount in the light of the fact that higher grades sanctioned to the employees upto 27.12.2003 was found to be justified. 4. Same issue was considered by this Court in the judgment in W.P. (C) Nos.6406/2005 and 6809/2005. Therein, this Court had relied upon the judgments in W.P.(C) Nos.9038/2008, 11580/2009 and 11877/2009. In the above decisions, this Court relied upon the judgment of a learned Single Judge in W.P.(C) No.5908/2005 wherein, after analysing the various facts, it was held as follows: “8. Learned counsel for the petitioners submitted that similar writ petitions filed by other employees have been allowed by this court wpc 18276/2005 3 and mention is made about the judgments in W.P.(C) Nos.11580/2009, 9038/08 and 11877/09. In the above decisions, this court relied upon the judgment of a learned Single Judge of this Court in W.P.(C) No.5908/2005 wherein, after considering the facts of the case, it was held thus: “From the above facts, it is clear that petitioner was given the benefits based on a Syndicate decision as evidenced by Ext.P1 dated 13/05/2002. The Syndicate is the competent authority as empowered under the Statute and its decision is well within its jurisdiction. As per the counter affidavit also, the University took up the matter with the Government to waive the Audit Objection. The only reason for issuing Ext.P6 is based on an audit objection and the Government did not agree with the view of the Syndicate. But the fact remains that the decision in Ext.P1 is not yet revoked or cancelled by any subsequent decision of the Syndicate. No materials whatsoever is also placed cancelling such decision. So long as Ext.P1 stands and payment having been effected based on the Syndicate decision, the question arises as to how any recovery could be made and any liability could be fastened based on a mere audit objection.” A decision of a Division Bench of this Court in Sreedharan v.Union of India [2002 (1) KLT 444] was also relied upon therein. wpc 18276/2005 4 5. In the light of the above, the petitioner is entitled to succeed in this writ petition. Now the petitioner is favoured by a decision of the Syndicate dated 19.7.2008 in which the sanctioning of higher grades is justified. In that view of the matter, the audit objection cannot be sustained. 6. Therefore, the writ petition is allowed. Exts.P5 and P8 are quashed. There will be a direction to refix the pensionary benefits of the petitioner in terms of the pay fixations from time to time after reckoning the higher grades sanctioned during the period of his service and the arrears in that regard will be quantified and disbursed within a period of two months from the date of receipt of a copy of this judgment. In the light of the fact that Rs.67,457/- has been released as per order dated 28.7.2008, the same will be adjusted at the time of final payment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/