IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 30820 of 2006(R) --------------------------------------- PETITIONER: ------------------- DR. A.M.JALALUDDIN, RETIRED PROFESSOR (SURGERY), RUSSEL BHAVAN, MOOSPET ROAD, THRISSUR-5, KERALA STATE. BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE, ADVS. SRI.M.S.UNNIKRISHNAN, SMT.S.KARTHIKA, SMT.T.B.REMANI, SRI.M.R.ANISON, SMT.K.P.GEETHA MANI, SRI.T.R.RAJESH. RESPONDENTS: ------------------------ 1. THE KERALA AGRICULTURAL UNIVERSITY, VELLANIKARA P.O., THRISSUR DISTRICT, KERALA STATE, REP. BY ITS REGISTRAR. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, VELLANIKARA. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 BY SRI.K.P. MUJEEB, S.C, R2 & R3 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30820/2006-R: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER DTD. 05/02/2002 IN CIVIL APPEAL NO. 1159/2002. EXT.P.2: COPY OF THE ORDER DTD. 10/05/2002 ISSUED BY THE R.1. EXT.P.3: COPY OF THE ORDER DTD. 13/06/2006 ISSUED BY THE R.1. EXT.P.4: COPY OF THE ORDER DTD. 06/09/2002 ISSUED BY THE R.2. EXT.P.5: COPY OF THE ORDER DTD. 10/10/2002 ISSUED BY THE R.1. EXT.P.6: COPY OF THE ORDER DTD. 23/09/2005 ISSUED BY THE HON'BLE SUPREME COURT. EXT.P.7: COPY OF THE ORDER DTD. 07/09/2000 ISSUED BY THE R.1. RESPONDENT'S EXHIBIT:- EXT.R2.A: COPY OF THE GOVT. LR. DTD. 21/08/03. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.30820 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2011 J U D G M E N T The petitioner was originally appointed as a Veterinary Surgeon under the Government of Kerala on 01.01.1963. Later on, when the Kerala Agricultural University was formed, his services were taken over by the University, consequent to which, he was deemed to have joined the service of the University with effect from 01.01.1963 although he joined University as Junior Lecturer on 03.07.1964. The University adopted the University Grants Commission recommendations in respect of service conditions of teaching staff of the University. According to the petitioner, in accordance with the U.G.C. norms the petitioner became eligible for upgradation to the post of Professor on completion of 22 years of service. Consequently, he became entitled to be inducted into the post of Professor with effect from 01.01.1985. But he was W.P.(C)No.30820 of 2006 -2- selected and appointed to the post of Professor only with effect from 10.02.1989. The petitioner challenged the same in O.P.No.9006/1992, which was dismissed by this Court. Writ appeal filed against the same was also dismissed by a Division Bench of this court. The petitioner filed civil appeal No.1159/2002, in which, by Ext.P1 judgment, the Hon'ble Supreme Court directed that the petitioner is entitled to upgradation/promotion as Professor with effect from 17.2.1988. The petitioner retired from service on 30.5.1995. Retirement benefits were sanctioned to the petitioner counting his service as Professor with effect from 17.2.1988 by Ext.P3 order. But by Ext.P4, the Deputy Director of Local Fund Audit, Kerala Agricultural University, informed the Comptroller of the Kerala Agricultural University that the petitioner is not entitled to retirement benefits on the basis of UGC scale of pay. Consequently by Ext.P5 order, the University re-fixed the retirement benefits of the petitioner. Although the petitioner moved a contempt petition before the Supreme W.P.(C)No.30820 of 2006 -3- Court, the same was dismissed by Ext.P6 judgment, leaving it open to the petitioner to take other steps which are permissible under law before the appropriate forum. It is consequent to the same, the petitioner has filed this writ petition seeking the following reliefs: “a) to issue a writ of certiorari or other appropriate writ, order or direction to quash Exts.P4 and P5 orders, since those orders were issued in violation of the petitioner's fundamental right under Article 14 and 21 of the Constitution; b) to issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to issue necessary direction to the 1st and 2nd respondents to see that the “retirement benefits” due to the petitioner may be fixed in the UGC pay scale which he had already drawn w.e.f. 17.2.1988 to 17.5.1995 and to disburse him all consequential monetary benefits at the earliest; c) to issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to pay 12% interest of the differential amount of retirement benefits payable to the petitioner as per the U.G.C. Scale from 17.5.1995 till date of payment and recover the same from the concerned officer;” It is now admitted before me that the University has changed its stand and has granted the petitioner and other similarly placed benefits of UGC scheme although they had originally opted out of the UGC scheme giving them another chance of re-option. Consequently the petitioner has been W.P.(C)No.30820 of 2006 -4- paid the pension due to him but without any arrears. The petitioner submits that, the petitioner is entitled to payment of arrears as well. The counsel for the University submits that, since the files are now with the new Veterinary University constituted recently, the counsel is not in a position to say as to whether arrears have been paid or not. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent or the successor in interest of the 1st respondent in respect of the petitioner to pay to the petitioner arrears of retirement benefits in the UGC scale of pay as applicable. For this purpose, I quash Ext.P5 order. The orders in this regard shall be passed and arrears if any paid, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/