IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 21355 of 2007(P) ------------------------------------- PETITIONER : -------------------------- K.P. RAMACHANDRAN NAIR, RETIRED PRFESSOR, RARS KUMARAKAM, RESIDING AT MADAVANA HOUSE, MEPRAL P.O., THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMPTROLLER, THE KERALA AGRICULTURE UNIVERSITY, K.A.U. POST, VELLANIKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURE UNIVERSITY, K.A.U.POST, VELLANIKKARA, THRISSUR. ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R2& R3 SRI. DILIP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21355 of 2007(P) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER NO.GA/C1/38091/91 DATED 23/09/1991. EXHIBIT P2: TRUE COPY OF THE ORDER NO. Pen. A2/21659/99 DATED 30/11/99. EXHIBIT P3: TRUE COPY OF PROCEEDINGS NO. GA/C2/32840/98 DATED 7/03/2000. EXHIBIT P4: TRUE COPY OF PAY SLIP NO. ACV(2)/884/94 DATED 31/07/2000. EXHIBIT P5: TRUE COPY OF ORDER NO.G.O.(P) NO. 171/99 H.Edn. DATED 21/12/1999. EXHIBIT P6: TRUE COPY OF PAY SLIP NO. ACV(2) 884/94 DATED 4/08/2000. EXHIBIT P7: TRUE COPY OF COVERING LETTER DATED 3/07/2001. /TRUE COPY/ P.A. TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 21355 of 2007 ................................................. Dated this the 22th day of July, 2009 J U D G M E N T The petitioner joined the Agricultural Department of the Government of Kerala as a Junior Assistant Professor on 3.3.1962. Later on, he was transferred to Kerala Agricultural University on 11.2.1977 under Section 58(4) of the Kerala Agricultural University Act. On 8.8.1984, he was promoted as Assistant Professor. As per the statutes applicable, on completing 20 years of service, an Assistant Professor is entitled to assessment promotion as professor. Accordingly, by Ext.P1 dated 23.9.1991, the petitioner was promoted as professor with effect from 16.1.1990. Ext.P2 is the order by which petitioner's pay was fixed pursuant to such promotion. In 1986, the Government and University adopted UGC scheme corresponding to which the 1st statues of the University were also amended in time with the UGC norms. By Ext.P3 order, the University held that although for promotion to the post of professor those who were promoted between 1.2.1988 and 25.6.1990, were required W.P(C) No. 21355 of 2007 -2- to opt out of the UGC/ICAR scheme, Professors who opted out of the UGC scheme for getting promotion between 1.2.1988 and 25.6.1990 are also entitled to the benefits of the UGC/ICAR scheme. Accordingly, by Ext.P3 order the petitioner was inducted into the UGC scheme as a professor with effect from 16.1.1990. Pursuant to the same, the petitioner was given pay fixation as per Ext.P4 pay slip. Subsequently, 1996 UGC scheme was also implemented in the University by the Government of Kerala. As per clause 8(1) thereof, the professors who were governed by the old merit promotion scheme of 1987 would be eligible for full scale of Professor with effect from 1.1.1996 and the merit promotions scheme on 1983 which was terminated in 1987, for those who did not opt for it, stands abolished. While so, the petitioner retired from service on 15.7.1998. The petitioner was given Ext.P7 last pay certificate also. But later on an audit objection was raised holding that the petitioner is not entitled to UGC scale of pay and he is only entitled to state scale of pay. In the above circumstances, petitioner has filed this writ petition seeking the following reliefs: “a) Issue a writ of mandamus or appropriate writs directions or orders directing the respondents 2 and 3 to W.P(C) No. 21355 of 2007 -3- grant assessment promotion as per the 1st Statute to the post of Professor in the scale of Rs.4500 with effect from 3.3.84, induct the petitioner to 1986 UGC scheme as Professor with effect from 1.1.86 and further induct the petitioner to 1996 UGC scheme with effect from 1.1.96 to the post of Professor and consequential arrears. b) Direct the respondents 2 and 3 to calculate the pensionary benefits based on the last pay of Rs.17300 as per Ext.P7 with effect from 15.7.1998 and to disburse the arrears.” 2. The Standing Counsel for the University would submit that in Ext.P3 order it was specifically stated that the orders were subject to approval of the Government. Government did not grant approval for the benefits granted by the said order and therefore the petitioner who has opted out of the UGC/ICAR scheme for getting promotion under the old scheme is not entitled to be given UGC scale of pay is the contention raised. 3. I have considered the rival contentions in detail. 4. I am of opinion that, in so far as it is the University themselves who had given the benefits to the petitioner, they themselves should find a solution for the imbroglio. The audit objection is not a final decision in itself. Once the audit objection is raised the authority concerned has to take a decision as to the sustainability of the audit objection and can even waive the audit objection for sufficient reasons considering the facts and W.P(C) No. 21355 of 2007 -4- circumstances of the case. That being so, the University is bound to take a decision as to whether the audit objection is to be given effect to or not, taking into account, the facts and circumstances mentioned above and the observations made herein. The University shall take such a decision on the audit objection, 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 disposed of as above. S. SIRI JAGAN, JUDGE rhs