IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 37108 of 2009(G) -------------------------------- PETITIONER: -------------- DR.G.R.SULEKHA, PROFESSOR, DEPARTMENT OF PLANTATION CROPS AND SPICES, COLLEGE OF AGRICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLAYANI, RESIDING AT STHUTHI, NMC XXX/771, R.C.STREET, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. BY SMT. RANI DIOTHIMA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.37108/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.GA/C2/18326/88(II) DTD. 2.8.88. EXT. P2 : COPY OF ORDER No.G.O.(P) 171/99 DTD. 21.12.99. EXT. P3 : COPY OF LETTER No.F-3-1/94[PS]-6 DTD. 5.10.00. EXT. P4 : COPY OF ORDER No.G.O.(P) No.40/02/H.EDN. DTD. 30.4.02. EXT. P5 : COPY OF PROCEEDINGS No.GA/C2/23346/99[524] DTD. 25.8.07. EXT. P6 : COPY OF LETTER DTD. 27.9.07. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.37108 Of 2009-G -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T The petitioner is working as Professor in the Department of Plantation Crops and Spices, College of Agriculture, Kerala Agricultural University, Vellayani. 2. The main prayer in the Writ Petition is to quash Exhibit P5 to the extent to which it inducted the petitioner to the post of Associate Professor in Rs.3700-5700 scale with effect from 23.1.1990 instead of 19.12.1987 and Professor with effect from 26.4.2005 instead of 26.4.1997 or with effect from 23.1.1998. 3. The case of the petitioner is that the petitioner was given appointment to the post of Junior Assistant Professor with effect from 19.12.1977 and was further granted promotion as per proceedings dated 7.12.1983 under the first Statute to the post of Assistant Professor with effect from 17.12.1983. Ph.D. Was awarded to the petitioner on 26.4.1997. By Exhibit P1 proceedings, the petitioner was granted non-cadre promotion to the post of Associate Professor in the scale of pay Rs.1950-2950 W.P.(C)No.37108/09 -2- on completion of 10 years of service with effect from 19.12.1987. It is pointed out that as per judgment in Writ Appeal No.1182/1994, O.P.NO.13624/93 and other connected cases, it was declared that non-cadre Associate Professors in Rs.1950- 2950 scale were entitled to be inducted into 1986 UGC Scheme as Associate Professors in Rs.3700-5700 pay scale with effect from the date of non-cadre promotions or with effect from 1.1.1986 whichever is later. Accordingly, it is contended that the petitioner was legally entitled to get 1986 UGC Scheme to the post of Associate Professor in the above scale of pay with effect from 19.12.1987. But the petitioner was inducted to 1986 UGC scheme to the post of Associate Professor in the last pay scale with effect from 23.1.1990. 4. Evidently, the issue is covered in favour of the petitioner in the light of the judgments above mentioned. The petitioner has raised various other claims also in the Writ Petition. 5. Heard the learned Standing Counsel for the University. It is pointed out that the only relief that can be granted is with regard to the date of effect of the non-cadre promotion and W.P.(C)No.37108/09 -3- fixation of pay in terms of the judgment of the Division Bench. 6. Exhibit P5 to the extent to which the said benefit is denied is quashed. There will be a direction to the respondents to refix the salary of the petitioner to the post of Associate Professor in the scale of pay of Rs.3700-5700 with effect from 19.12.1987. Consequential benefits also will be granted and monetary benefits will be disbursed to the petitioner. All other claims in respect of other items are left open. Appropriate orders will be passed within two months and arrears also will be disbursed within a further period of two months. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn