IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 OP.No. 14083 of 1999(B) ---------------------------------- PETITIONER(S): ----------------------- K.S.AMBILY LIBRARIAN-IN-CHARGE, COLLEGE OF VETERNENARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR. BY ADV. MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV. MR.N.RAGHURAJ RESPONDENT(S): ------------------------ 1. KERALA AGRICULTURAL UNIVERSITY, REP.BY THE REGISTRAR, VELLANIKKARA, TRICHUR. 2. VICE-CHANCELLAR, KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, TRICHUR. ADDL.R3 IMPLEADED. 3. K.P.SATHYAN, ASSISTANT LIBRARIAN, COLLEGE OF CB & M, VELLANIKKARA , THRISSUR. ADDL. R3 IS IMPLEADED AS PER ORDER DT. 4.6.07 IN IA. NO.6303/07. BY ADVS. SMT.P.JAYA, SC, AGRL. UNIVERSITY FOR R1&2 MR.S.P.ARAVINDAKSHAN PILLAY FOR ADDL.R3 SMT.N.SANTHA FOR ADDL.R3 MR.PETER JOSE CHRISTO FOR ADDL.R3 MR.S.A.ANAND FOR ADDL.R3 GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.22723/1999 IN OP. NO.14083/1999 DISMISSED 11/02/2009 SD/- HARUN-UL-RASHID, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION DT. 23.2.76 OF THE IST RESPONDENT. P2:- COPY OF THE MINUTES OF THE MEETING OF THE APPOINTMENT SUB COMMITTEE. P3:- COPY OF THE NOTIFICATION DT. 22.10.73. P4:- COPY OPF THE APPOINTMENT ORDER OF THE IST RESPONDENT P5:- COPLY OF THE ORDER G.O.MS NO.347/77/AD. ON 30.11.77. P6:- COPY OF THE ORDER OF THE SIT RESPONDENT DT. 9.12.77. P7:- COPY OF THE ORDER DT. 17.1.86 OF THE IST RESPONDENT. P8:- COPY OF THE ORDER DT. 14.1.78 OF THE IST RESPONDENT. P9:- COPY OF THE ORDER DT. 14.9.81 OF THE IST RESPONDENT. P10:- COPY OF THE SPONSORSHIP FORUM ISSUED BY THE UNIVERSITY. P11:- COPY OF THE JUDGMENT IN W.A. 691/86 DT. 1.1287. P12:- COPY OF THE ORDER DT. 16.10.86 OF THE IST RESPONDENT. P13:- COPY OF THE REPRESENTATION DT. 10.11.95 OF THE PETITIONER. P14:- COPY OF THE RECOMMENDATION LETTER DT. 10.11.95 OF THE DEAN. P15:- COPY OF THE MINUTES DT. 11.12.95. P16:- COPY OF THE ORDER OF THE IST RESPONDENT. P17:- COPY OF THE ORDER DT. 13.8.98 OF THE IST RESPONDENT . P18:- COPY OF REPRESENTATION OF THE PETITIONER. P19:- NIL P20:- COPY OF THE ORDER NO.GA/C1/14678/07/I DIS. DT. 30.4.07 ISSUED BY THE VICE- CHANCEOOR OF RESPONDENT UNIVERSITY. P21:- COPY OF THE SERVICE DETAILS OF ADDITIONAL 3RD RESPONDENT. OP. NO.14083/1999 P22:- COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER ON 19.4.07 BEFORE THE VICE-CHANCELLOR OF RESPONDENT UNIVERSITY. P23:- COPY OF THE RELEANT EXTRACT OF THE KERALA AGRICULTURAL UNIVERSITY ACT. P24:- COPY OF THE SENIORITY LIST OF ASSISTANT LIBRARIANS AS ON 1.1.2000 IN THE RESPONDENT UNIVERSITY. P25:- COPY OF THE G.O.(P) NO.179/90/AD DT. 25.6.90. P26:- COPY OF PROCEEDINGS NO.GA/C2-10177/99 DT. 15.10.05 ISSUED BY THE UNIVERSITY. P27:- COPLY OF THE ELTTER DT. 25.1.06 ISSUED BY THE DEAN OF THE COLLEGE OF VETERINARY & ANIMAL SCIENCE. P28:- COPY OF PROCEEDINGS OF THE REGISTRAR OF THE RESPONDENT UNIVERSITY. P29:- COPY OF THE LETTER DT. 28.10.97 ISSUED BY THE DEAN COLLEGE OF VETERINARY & ANIMAL SCIENCE TO the REGISTRAR OF THE UNIVERSITY. P30:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 7.10.99. P31:- COPY OF THE REMINDER LETTER SENT BY THE PETITIONER TO THE IST RESPONDENT ON 31.5.05. P32:- COPY OF THE GO NO.GA/J2/6141/06. DT. 3.4.06. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE ORDER NO.GA/J2/50884/97 DT. 15.7.98 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.14083 OF 1999 ---------------------------- DATED THIS THE 11TH DAY OF FEBRUARY, 2009 JUDGMENT This original petition is filed for commanding the respondents to regularise the petitioner as Librarian with effect from 11/11/1982, the date on which the petitioner took full additional charge as librarian after acquiring MLISC and to grant all such benefits with fixation of revised pay with interest. The 2nd prayer is for a direction to the respondents to grant UGC/ICAR scale from 1/1/1986 as Librarian/Deputy Librarian and also to quash Ext.P19 proceedings of the University and for other consequential reliefs. 2. The petitioner submitted that she applied for the post of Assistant Librarian in response to the notification published by the Ist respondent and pursuant to the selection made, she was appointed as Assistant Librarian, which was subsequently re- designated by the University as Library Assistant and the petitioner -2- W.P.(C).No.14083/99 was appointed to that post. It is further stated that the Government has declared parity of scale of pay of the staff of the Agricultural University with that of the Kerala University by Ext.P5 order. Taking into consideration the petitioner's seniority and recommendations of the Dean and the Executive Committee, the University has passed an order inducting the petitioner and others to the UGC/ICAR Scheme to the cadre of Assistant Librarian with effect from the dates noted against each names. Ext.P17 is the said order. It is stated that though Ext.P17 order was passed, she was inducted only to the post of Assistant Librarian instead of to the post of Librarian (Deputy Librarian) on a scale of Rs.3700-5700 under the UGC Scheme. She was inducted to the post of Assistant Librarian because her service was not regularised in the post of Librarian before induction to UGC. 3. The learned Senior Counsel for the petitioner submitted that the decision of the Executive Committee dated -3- W.P.(C).No.14083/99 11/12/1995 (Ext.P16) should have been implemented before induction to UGC. It is pointed out that the petitioner had completed 24 years of professional service, the longest period of service among the staff of the Kerala Agricultural University, and after acquiring the required qualification and experience for the post of University Librarian as on 25/5/85, attending to the duties and responsibilities of Assistant Librarian simultaneously in the College of Veterinary and Animal Sciences for the last 17 years. At the time of filing the O.P. she was working in the pay scale of Rs.1450-2825. The petitioner was continuing in the post of Assistant Librarian and was in-charge of Librarian (Dy. Librarian) in the University Service. It is submitted that in spite of repeated recommendations the petitioner has not been inducted as regular Librarian and therefore it is only just and proper that she be regularised with effect from 11/11/82 on which date she had taken full additional charge of Librarian, after acquiring administrative certificate for the post of Librarian (Dy. Librarian) -4- W.P.(C).No.14083/99 as directed by the Registrar. Learned counsel also brought to my notice Ext.P15 order passed by the Executive Committee dated 11/12/95 in which it was pointed out that promotion to higher grade to Smt. Ambili, Librarian, College of Veterinary & Animal Sciences, Mannuthy is pending for a long time. It is further directed that “necessary orders should be issued urgently as per rules and the action has to be completed within a month positively”. The Executive Committee in Ext.P15 order had taken the decision for promotion to higher grade to the petitioner and directions are issued to pass orders to that effect within a month positively. It is stated that on the basis of Ext.P18, no orders are passed. 4. The petitioner was regularised in the post of Assistant Librarian only with effect from 16/10/1986 and as Deputy Librarian with effect from 12/5/2005. The petitioner's case is that her service should be regularised with effect from 11/11/1982 as Librarian and as Librarian/Deputy Librarian with -5- W.P.(C).No.14083/99 effect from 1/1/1986. 5. The question as to whether the petitioner is entitled to regularisation on the dates mentioned in the O.P. was examined in detail by the Vice Chancellor. Ext.R1(a) is the order passed by the Vice Chancellor stating that the petitioner is not entitled to any reliefs. Petitioner is now a retired hand. She filed detailed representations which are marked as Ext.P18 and P22 before the Vice Chancellor stating in detail that the proceedings passed during her career as Assistant Librarian and Deputy Librarian and that she is eligible to get higher grade promotion and induction to UGC/ICAR scheme on the dates mentioned in the representations. In the representations she also requested that the orders passed, which adversely affected her career as a Librarian, shall be reopened and the promotion shall be conferred on her from the respective dates mentioned in the representations and in the original petition. She refers to the Rules and Regulations applicable. In Ext.P22 representation also the -6- W.P.(C).No.14083/99 petitioner has pointed out the proceedings of the meeting and the relevant portions of the scheme and requested the University to issue pay slip and salary for the period 1986 to 1992 as per UGC scale after passing orders granting eligible promotion to her on the respective dates mentioned therein as per the decision of the Executive Committee, to regularise her in the post of Librarian as per CAP, to issue specific orders with retrospective effect by including the post of Deputy Librarian under the UGC/ICAR scheme in the category of teaching staff, since the petitioner was handling classes for P.G. Students and being the only Ph.D. Holder of the University in the said discipline and satisfied over the carrier advancement programmes fixed for Professor of a discipline as per UGC/ICAR scheme. The grievance of the petitioner supported by the decision of the committee, shall be given due weight. It deserves a well-considered decision on merits. In the circumstances, I direct the University to -7- W.P.(C).No.14083/99 constitute a committee having two or three members and place the representations (Exts.P18 and P22) before the Executive Committee and the Executive Committee shall consider the representations and pass appropriate orders thereon in accordance with law, after affording an opportunity of being heard to the petitioner within a period of six months from the date of receipt of a copy of this judgment. There will be a further direction to the University to disburse the admitted arrears, if any, within a period of four months from today. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -8- W.P.(C).No.14083/99 HARUN-UL-RASHID,J. -------------------------- O.P.NO.14083 OF 1999 -------------------------- JUDGMENT 11th February, 2009