IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WA.No. 85 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.5015/2005 Dated 17/10/2008 .................... APPELLANT/PETITIONER ------------------------ V.J.RAJAN, JUNIOR LIBRARIAN(RETD), DEPARTMENT OF PHYSICS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22 AND RESIDING AT VELIYIL PARAMBIL, KURIKAD P.O.THIRUVANKULAM (VIA) ERNAKULAM DISTRICT. BY ADV. SRI.K.JAJU BABU SRI.B.RAMACHANDRAN RESPONDENTS: --------------- THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682022. ADV. SRI.P.CHANDRASEKHAR,SC,CUSAT,COCHIN UNI FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.85 of 2009 .................................................................... Dated this the 9th day of February, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge who confirmed Ext.P10 wherein the University declined appellant's claim for scale of pay of Reference Assistant from 1.9.1985 onwards. The appellant joined the University as a Laboratory Assistant on 21.7.1969 and he was promoted as Technical Assistant on 22.5.1981. He was again given a promotion as Junior Librarian on 25.4.1994. He continued in the post until he retired on 31.5.2001. However, after retirement, the appellant filed Writ Petition in this court for a direction to the University to consider and grant him scale of pay applicable to Reference Assistant from 1.9.1985 onwards. Admittedly the University gave the respondent scale of pay applicable to “Special Grade Reference Assistant” from 1.8.1985 onwards. What is clear from Ext.P10 is that appellant was not appointed as a Reference Assistant from 1.9.1985 and he was only a Special Grade Reference Assistant 2 whose scale of pay was different and the same was in fact paid to the appellant. We do not find any merit in the appellant's claim for scale of pay applicable to Reference Assistant because the qualification required for the post is a Degree which the appellant did not have. In fact the post of Special Grade Reference Assistant itself is provided by the University to accommodate those who do not have Degree. So much so, we do not find any merit in the appellant's claim which is rejected vide Ext.P10 by the University and confirmed by the learned Single Judge. Writ Appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms