IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 28771 of 2007(A) ------------------------------------ PETITIONER: ------------------- SMT.T.MOLLY CHERIAN, ASSISTANT PROFESSOR (SS), DEPARTMENT OF PHYSICAL EDUCATION, VETERINARY COLLEGE, MANNUTHY P.O., TRICHUR, RESIDING AT PARAMBIL HOUSE, BEHIND GIRIDEEPAM SCHOOL, VADAVATHOOR P.O., KOTTAYAM-686010. BY ADV. SRI. MILLU DANDAPANI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF AGRICULTURE(FARMS), GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY P.O., TRICHUR. 3. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, MANNUTHY P.O., TRICHUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR. 5. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, KAU, VELLANIKKARA, TRICHUR. R1 & R5 BY GOVERNMENT PLEADER ANTONY MUKKATH. R2 - R4 BY ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 28771 of 2007(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF GO(P) NO.179/90/AD DATED 25.6.1990 ISSUED BY 1ST RESPONDENT. P2: COPY OF GO(MS) 87/91/H.EDN. DATED 9.4.1991 ISSUED BY 1ST RESPONDENT. P3: COPY OF CERTIFICATE OF MASTER'S DEGRE IN PHYSICAL EDUCATION DATED 6.3.1997 ISSUED BY ANNAMALAI UNIVERSITY. P4: COPY OF GO(MS) 190/93/AD DATED 22.9.1993 ISSUED BY 1ST RESPONDENT. P5: COPY OF PROCEEDINGS NO.GA/C2/23346/99(I) DATED 16.5.2000 ISSUED BY RESPONDENT UNIVERSITY. P6: COPY OF PROCEEDINGS NO.GA/C223346/99(I) DATED 24.8.2000. P7: COPY OF PROCEEDINGS NO.GA/C2/23346/99(550) DATED 9.6.2000 ISSUED BY 1ST RESPONDENT. P8: TRUE COPY OF PROCEEDING DATED 18.11.2005 ISSUED BY RESPONDENT UNIVERSITY. P9: COPY OF PROCEEDINGS NO.GA/C2/23346/99(550A) DATED 11.5.2006 ISSUED BY RESPONDENT UNIVERSITY. P10: COPY OF GO(MS) NO.32/07/AD DATED 19.3.2007 ISSUED BY 1ST RESPONDENT. P11: COPY OF COMMUNICATION NO.21243/AFS/2005/AD DATED 24.3.2007 ISSUED BY 1ST RESPONDENT. P12: COPY OF COMMUNICATION NO.ES-A4/4075/PF DATED 18.4.2007 ISSUED BY 5TH RESPONDENT. P13: COPY OF REPRESENTATION DATED 11.5.2007 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. P14: COPY OF COMMUNICATION DATED 1.8.2007 ISSUED BY 5TH RESPONDENT TO 4TH RESPONDENT. P15: COPY OF JUDGMENT DATD 24.1.2006 OF THIS HONOURABLE COURT IN W.A. NO.1930/2004 & CROSS OBJECTION NO.129/2005. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// PA TO JUDGE. SCL. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.28771 OF 2007 ---------------------------------------------- Dated this the 11th day of October, 2011 JUDGMENT The petitioner is an Assistant Professor (Selection Grade) of the Kerala Agricultural University. When the Government of Kerala decided to implement ICAR Scheme in respect of service conditions of the teaching staff of the Kerala Agricultural University, the petitioner filed a re-option which was allowed and the petitioner's pay was fixed accordingly. But, subsequently by Exts.P8, P11, P12 and P14 orders, that was cancelled on the ground that the petitioner had no right to exercise re-option. Aggrieved by the same, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a Writ of Certiorari or any other appropriate Writ or order or direction, calling for the records leading to issue of Exts.P-8, P-8, (sic), P-11, P-12 and P-14 and quash them. ii) Issue a Writ of Mandamus or any other appropriate Writ or order or direction, directing the 2nd respondent university to restore Exts.P- 5 and P-6 by granting the benefit of re-option as per Ext.P-7, untrammelled by the observations made by the 5th respondent in Exts.P-11, P12 and P-14. iii) Declare that the petitioner is entitled to W.P.(C)No.28771/07 2 the benefit of re-option as per Ext.P-7 as she is not an opted out candidate. iv) Declare that petitioner is entitled to opt for UGC/ICAR Scheme in view of the changed situations as per Exts.P-7 and P-10 Gos related to 1986 UGC/ICAR Scheme, considering the fact that those are effective from 01-01-1986 onwards but issued on 09- 06-2000 and 19-03-2007 respectively”. But, the learned counsel for the petitioner now submits that except for a small mistake therein, by Ext.P17 order, the University have redressed the grievances of the petitioner. The petitioner submits that as per Ext.P17 order, she is directed to be promoted to Assistant Professor (Selection Grade) with effect from 27.7.1998, whereas going by Ext.P6, the petitioner is entitled to promotion as Assistant Professor (Selection Grade) with effect from 4.7.1995. In view of Ext.P17 order the petitioner now confines her reliefs in respect of that grievance alone, insofar as other grievances have been redressed by Ext.P17 order. 2. I have heard the learned Standing Counsel for the Kerala Agricultural University also. 3. I am of opinion that the balance grievance of the petitioner should be addressed by the University in the first W.P.(C)No.28771/07 3 instance. 4. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall file a representation in respect of the balance claim of the petitioner before the University within two weeks from today. The 2nd respondent shall consider and pass orders on such representation within one month from the date of receipt of the said representation, after affording an opportunity of being heard to the petitioner. It would be open to the petitioner to press into service Ext.P7 or any other material in support of the claim of the petitioner, which shall also be considered by the 2nd respondent. S. SIRI JAGAN, JUDGE acd W.P.(C)No.28771/07 4 W.P.(C)No.28771/07 5