IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 14026 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------- DR.P.K.SUDHA DEVI, PROFESSOR, DEPARTMENT OF POMOLOGY & FLORICULTURE, COLLEGE HORTICULTURE,VELLANIKKARA, RESIDING AT CHAITHRAM,GREEN PART AVENUE, THIRUVAMPADI, TRISSUR BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR,PIN-680 654 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, TRISSUR-PIN-680 654 3. THE ASSOCIATE DEAN, COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY KERALA AGRICULTURAL UNIJVERSITY POST, VELLANIKKARA, TRISSUT-PIN-680 654 R1 TO R3 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14026/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMUNICATION NO.BG/A2/43662/2007 DATED 1/1/2008. P2 COPY OF THE PAY SLIP NO.ESA 2/2123/190-111/08 DATED 20/9/2009 P3 COPY OF THE ORDER GO(P) NO.58/2010 H.EDN DATED 27/3/2010. P4 COPY OF THE ORDER NO.GA/C2/20608/09 DATED 8/7/2010 P5 COPY OF THE LETTER F.NO.2 (3) 2009 AP (EDN) DATED 22/9/2010. P6 COPY OF THE LETTER F.NO.2(3) 2009-A&P (EDN) DATED 24/11/2010. P7 COPY OF THE LETTER NO.BG/A2/19595/2010 DATED 11/2/2011. P8 COPY OF THE FIXATION STATEMENT DATED 30/9/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14026/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22 nd day of August, 2011 J U D G M E N T The petitioner is working as Professor in the Department of Pomology and Floriculture in the College of Horticulture, Vellanikkara under the first respondent-University. This writ petition is filed seeking for the following directions:- “i. a writ of mandamus or appropriate writ direction or orders directing respondents 2 and 3 to disburse the arrears to the petitioner under 1986, 1996 and 2006 UGC Schemes authorised as per Ext.P2 and P8 pay slips, claimed by the arrear bills forthwith; ii. declare that the entitlement of monetary benefits of Ext.P3 2006 UGC Scheme is with effect from 01/01/2006 and not from 01/03/2010; iii. direct the second respondent to issue pay slip/authorisation to the petitioner from 01/01/2006 to 28/02/2010 under 2006 UGC Scheme W.P.(C). No.14026/2011 -:2:- to claim the arrears of salary in tune with Ext.P8 pay fixation statement within a time limit to be fixed by this Court.” 2. Heard the learned Standing Counsel for the University. 3. It is the case of the petitioner that in spite of the availability of funds from the Indian Council of Agricultural Research (I.C.A.R) to maintain the demands of Research under the respective U.G.C Schemes, there is a gross delay on the part of the University in disbursing the amounts. 4. Learned Standing Counsel for the University submitted that the funds quantified by the I.C.A.R will form 80% of the financial burden and the balance 20% will have to be owed by the State Government and which is yet to be disbursed. 5. In various writ petitions, this Court has directed the University to disburse the benefits from the funds released by the I.C.A.R, namely, to the tune of 80%. Already by Ext.P2, the petitioner has been issued pay slip for the period from 16/05/1988 to W.P.(C). No.14026/2011 -:3:- 01/05/2009 and Ext.P8 is the statement of fixation of pay under the U.G.C Scheme, 2006. Pay slip/authorisation for the period from 01/01/2006 to 28/02/2010 under the U.G.C Scheme, 2006 has not been issued so far. Appropriate steps will be taken in the matter. Arrears which is admissible as per the pay slips will be disbursed to the petitioners within the period of two months. If the Sate Government disburses balance 20%, then depending upon the same, the balance amount will also be disbursed to the petitioner. The pay slip as far as the period from 01/01/2006 to 28/02/2010 will also be issued for claiming the arrears. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms