IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 OP.No. 16768 of 2002(U) ------------------------------------ PETITIONER: -------------------- DR.P.R.CHANDRASEKHAR, ASSOCIATE PROFESSOR, INSTRUMENTATION CENTRE,COLLEGE OF VETERINARY AND ANIMAL SCIENCES,MANNUTHY,THRISSUR. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: ------------------------- 1. KERALA AGRICULTURAL UNIVERSITY VELLANIKARA,THRISSUR,REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 3. THE DEAN, COLLEGE OF VETERNIARY AND ANIMAL SCIENCES, MANNUTHY,THRISSUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 5. THE DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR. BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NO.28568/2002, I.A.NO.8634 & 12394/2004 IN O.P.NO.16768/2002 U DISMISSED 7/02/2008 SD/- S. SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER, NO.GA(1)24145/77 (ii) DTD. 15/04/77 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER. EXT.P2: COPY OF REPLY RECEIVED BY THE RESPONDENT NO.3 FROM 1ST RESPONDENT VIDE NO.GA/C2/11909/98/L.DIS. DTD. 18/06/1998. EXT.P3: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 17/07/1988. EXT.P4: COPY OF LETTER OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT VIDE NO.GA/C1/27507/98 DTD. 16/09/98. EXT.P5: COPY OF CLARIFICATION ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT VIDE NO.E2/5995/98 DTD. 28/09/1998. EXT.P6: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT ON 1/09/1999. EXT.P7: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 15/03/2000. EXT.P8: COPY OF MINUTES OF THE 26TH MEETING OF THE BOARD OF STUDIES TO FACULTY OF VETERINARY & ANIMAL SCIENCES HELD ON 25/04/1998 AT THE NEW CONFERENCE HALL OF COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY. EXT.P9: COPY OF JUDGMENT OF THIS HONOURABLE COURT DTD. 29/08/2000 IN O.P.NO.24796/2000 B. EXT.P10: COPY OF ORDER NO.GA/C2/27507/98 DTD. 18/05/2001 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER. EXT.P11: COPY OF ORDER, NO.GA/C2/27507/98 DTD. 9/10/2001 OF THE DEPUTY REGISTRAR (ADMN.) OF KERALA AGRICULTURAL UNIVERSITY TO THE PETITIONER. Kss ...2/- ....2..... O.P.NO.16768/2002 U EXT.P12: COPY OF LETTER NO.ES(4)4290/PF DTD. 6/06/2002 OF THE ASSISTANT CONTROLLER, IAC (CR) OF THE KERALA AGRICULTURAL UNIVERSITY ISSUED TO THE JOINT REGISTRAR (ADMN.I), REFERRED TO IN THE ORIGINAL PETITION. EXT.P13: COPY OF OBJECTION RAISED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT VIDE LETTER NO.LR (KAU) G1-1241/2001 DTD. 15/05/2001. EXT.P14: COPY OF THE ORDER, VIDE NO.GA(1) 24145/77(1) DTD. 15/04/1977 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P15: COPY OF THE PROCEEDINGS, VIDE NO.ACAD VET 2/3431/78 DTD. 30/06/1978 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P16: COPY OF THE CIRCULAR DTD. 11/08/78 ISSUED BY THE ASSOCIATE DEAN COLLEGE OF HORTICULTURE, VELLANIKKARA. EXT.P17: COPY OF THE PROCEEDINGS DGD. 2/11/1985 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P18: COPY OF THE LETTER DTD. 23/08/1995 ISSUED BY THE DEPUTY REGISTRAR. EXT.P19: COPY OF ORDER DTD. 23/06/1986 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P20: COPY OF THE PROCEEDINGS DTD. 30/12/1986 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P21: COPY OF LETTER OF INTIMATION DTD. 14/01/1980 ISSUED BY THE REGISTRAR AND RETURNING OFFICER. EXT.P22: COPY OF NOTIFICATION DTD. 19/10/1991 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. EXT.P23: COPY OF THE PROCEEDINGS OF THE RESPONDENT UNIVERSITY DTD. 7/11/2001. EXT.P24: COPY OF NOTICE DTD. 4/01/2002 ISSUED BY THE SPECIAL OFFICER, COLLEGE OF DIARY SCIENCE AND TECHNOLOGY, MANNUTHY. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------------ O.P.No.16768 OF 2002 ---------------------------------------- Dated this the 7th day of February, 2008 JUDGMENT The petitioner originally joined the Kerala Agricultural University as Instructor on deputation on 10.10.1975. Subsequently he was selected and appointed as Instrumentation Engineer (Mechanical) in the Kerala Agricultural University on 15.4.1977. His services were duly regularised in course of time. Later on he was granted the scale of pay of Assistant Professor. By Ext.P2 communication from the Registrar of University to the Dean, College of Veterinary & Animal Sciences, Mannuthy stated that the petitioner's request for granting of UGC scales cannot be considered since there is no specific orders including him as a member of teaching cadre. Several representations of the petitioner followed and by Ext.P8 minutes of the meeting of the Board of Studies of Faculty of Veterinary and Animal Sciences held on 25.4.1998, the post of Instrumentation Engineer (Mechanical) was inducted into the post of Instrumentation Engineer (Associate Professor) cadre in an academic position. O.P.No.16768/02 2 Accordingly by Ext.P10 order dated 18.5.2001, the petitioner was inducted as a teacher in the Kerala Agricultural University with effect from 29.4.1977 with all consequential benefits including induction into UGC/ICAR Scheme. By Ext.P11 order, the petitioner was informed that the executive committee in its 361st meeting held on 27.8.2001 has ratified the action in having inducted the petitioner as teacher with effect from 29.4.1989 and granted all consequential benefits. However, by Ext.P12 note to the Joint Registrar (Admn.I) it was informed that the Deputy Director, Local Fund Audit has objected to the promotion given to the petitioner to the post of Associate Professor without amendment of the statute. It was also pointed out therein that going by the definition in Section 2 (26) of the KAU Act the petitioner does not belong to the category of teachers. Ext.P13 is the communication from the Deputy Director of Local Fund Audit to the Comptroller, Kerala Agricultural University, Vellanikkara in this regard. The petitioner is challenging Exts.P12 and P13 in this original petition. 2. The petitioner's contention is that all along the petitioner has been treated as a teacher and he has been O.P.No.16768/02 3 inducted into the post of Associate Professor by valid orders of the University and those benefits cannot be taken away from him on the basis of an audit objection when the University has by valid decision decided to treat his post as a teaching post in the cadre of Assistant Professor from which only he has been promoted as an Associate Professor. The petitioner also relies on Exts.P15 to P24 documents, which according to him would conclusively show that he is in the teaching cadre. 3. The standing counsel for the University does not dispute the various orders and communications relied on by the petitioner which conclusively show that he was accepted as a teacher and inducted into the post of Assistant Professor from which he was promoted as Associate Professor. But the standing counsel would submit that there is no formal statute, wherein the post of Instrumentation Engineer has been accepted as a teaching post and inducted into the stream of teachers so as to enable the petitioner to get posted as Assistant Professor and promoted as Associate Professor. However, the standing counsel frankly admits that pursuant to Exts.P12 and P13 no further proceedings have been taken for cancellation of the benefits granted to the petitioner so far. O.P.No.16768/02 4 4. I have considered the rival contentions in detail. The post of Instrumentation Engineer was created by statutes prescribing the qualifications, method of appointment, salary and allowances, age and the powers and duties of Instrumentation Engineer (Mechanical) and Mechanic (Electronics) under the University Instrumentation Centre as per SRO No.575/76. In the same the duties of the Instrumentation Engineer is described as follows: “Duties.- 1. Repair and maintenance of instruments belonging to the Kerala Agricultural University. 2. To help and solve instrumentation problems of the research projects; 3. To help post-graduate students in the instrumentation problems connected with their thesis work; and 4. Such other duties as may be assigned from to time.” The word 'teacher' is defined in Section 2(26) of the Kerala Agricultural University Act as follows: “'Teacher' means the person appointed or recognised by the University for the purpose of imparting instructions or conducting and guiding research or extension education programmes, and includes any other person who may be declared by the Statutes to be a teacher” O.P.No.16768/02 5 Exts.P8 and P14 to P24 would without any doubt whatsoever show that the University had in fact accepted the petitioner as an employee in teaching cadre of the University by allowing teaching duty to him. In fact, he has been nominated as the faculty for graduate and post-graduate courses in the University. Those documents would unambiguously show that he was working as a teacher in the University. Rightly or wrongly, the petitioner has been given the designation of Associate Professor and he has further been promoted as Associate Professor and granted all UGC benefits. By virtue of interim orders of this Court, he has been allowed to continue beyond the age of 55 years which is allowable only in the case of teachers. He is due to retire on attaining 60 years of age in May 2008. Therefore without going into the question as to whether the post of Instrumentation Engineer is in the teaching cadre of the University or not, I am inclined to dispose of this writ petition holding that the benefits granted to the petitioner need not now be disturbed especially since the University has not chosen to act on Exts.P12 and P13. Accordingly, I dispose of this writ petition with a direction that notwithstanding Exts.P12 and P13, the petitioner would be O.P.No.16768/02 6 entitled to continue as Associate Professor and draw all service benefits in that position. However, I make it clear that I have not considered the question as to whether the post of Instrumentation Engineer is in the teaching cadre or that a person appointed as Instrumentation Engineer is entitled to be inducted to the post of Associate Professor and whether such a person is entitled to further promotion in the teaching cadre. It would be open to the University to make appropriate changes in the statutes relating to Instrumentation Engineer, if the University considers it necessary and proper. However, the University would do well, if they clear the doubt by making appropriate changes in the statutes, if they do consider it proper to designate the post of Instrumentation Engineer in the academic stream with promotion avenues as Associate Professor etc. S. SIRI JAGAN, JUDGE Acd O.P.No.16768/02 7