IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 OP.No. 10307 of 2002(B) ---------------------------------- PETITIONER(S): ----------------------- ROBY K., READER IN NAVAL ARCHITECTURE, DEPARTMENT OF SHIP TECHNOLOGY, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): ------------------------- 1. REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 2. FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. R1 BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, COCHIN UTY. R1 & R2 BY SRI.SUNIL CYRIAC, SC, COCHIN UNIVERSITY SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHIN SRI.K.S.MOHAMMED HASHIM,SC,CUSAT,COCHIN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP.NO.10307/2002 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 19/09/01 PASSED BY THE UNIVERSITY. P2 COPY OF THE REPRESENTATION DATED 27/02/02 FILED BY THE PETITIONER TO GRANT THE FINANCIAL BENEFITS OF REVISED PAY SCALE AS ORDERED BY EXT. P1. P3 COPY OF THE REPLY GIVEN BY THE RESPONDENT TO THE PETITIONER ON 04/2/02 STATING THAT PREVIOUS OBJECTION NOT CLEARED FOR THE MONTH OF JANUARY, 02. P4 COPY OF THE BILLS SUBMITTED BY THE PETITIONER ON 04/03/02. P5 COPY OF THE REPLY ( OBJECTION SLIP) RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT TO THE SALARY BILL SUBMITTED BY THE PETITIONER. P6 COPY OF TH SALARY BILL SUBMITTED BY THE PETITIONER FOR THE MONTHS OF APRIL TO JULY 1998, TO THE RESPONDENTS. P7 COPY OF THE CHEQUE ISSUED BY THE RESPONDENTS TO THE PETITIONER AGAINST EXT.P6 BILL SUBMITTED BY THE PETITIONER. P8 COPY OF THE REQUEST FOR STATIONERY MADE BY THE PETITIONER ON 06/2/2001. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10307 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of December, 2010. J U D G M E N T The petitioner entered service of the Cochin University of Science and Technology as a Lecturer in the Department of Ship Technology with effect from 1984. The question of his promotion as Reader was considered by the University by Ext. P1 order and it was directed thus: “Orders are issued accordingly granting promotion to Dr. K. Roby, Lecturer as Reader in the truncated scale of pay of Rs.3000- 5000 (pre-revised) with effect from 15.1.1993 and in the full scale of pay of Rs. 3700-5700 (pre-revised) (Rs.12000-18300 revised) with effect from 13.12.1996 under the norms promotion scheme of the University. The promotion granted is personal to Dr. K. Roby and the vacancy occurring on his relinquishment of post will only be that of a Lecturer. This conditions stipulated in the U.O. read as per paper (4) above shall be followed strictly while claiming the salary of Dr. K. Roby consequent on this U.O.” The petitioner's grievance in this original petition is that although promotion was due to the petitioner with effect from 15.1.1993, Ext. P1 order was passed only on 19.9.2001 and the arrears due to the petitioner on account of the promotion and fixation of pay have not been given to the petitioner. The petitioner therefore seeks the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents to fix the pay scale of Reader for the petitioner with effect from 15.1.1993 and disburse the arrears including the truncated scale from 15.1.1993 and thereafter the revised scale from 1.1.1996 with all arrears and full scale from 13.12.1996 without any further delay. (b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the O.P. No. 32082/2010 -: 2 :- objections and reply given on all the audit objections on the bills submitted by the petitioner.” 2. No counter affidavit has been filed by the University in this writ petition. Counsel for the University submits that arrears have been paid. The petitioner contends that only part of the arrears have been paid and the major part of the arrears still remains to be paid. From the arguments, I am satisfied that the petitioner is entitled to the arrears in accordance with Ext. P1. In the above circumstances, this original petition is disposed of with a direction to the respondents to pay the entire arrears due to the petitioner arising from the promotion sanctioned pursuant to Ext. P1 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, if not already paid. Sd/- S. Siri Jagan, Judge. Tds/ O.P. No. 32082/2010 -: 3 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10307 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T 1st day of December, 2010.