IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 16680 of 2009(D) -------------------------- PETITIONER: -------------------- P.T.JOY, OVERSEER (PUMPING) ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.PHILIP ANTONY CHACKO SRI.P.M.SEBASTIAN RESPONDENTS --------------------- 1. UNIVERSITY OF CALICUT, REP.BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 2. REGISTRAR UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 3. UNIVERSITY ENGINEER UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 4. K.P.SADANANDAN, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 5. SRI.V.KESAVAN, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERISTY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. WP(C).No. 16680 of 2009(D) -------------------------------------- 6. M.VICHITRAN, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 7. C.K.SADANANDAN, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 8. T.ALAVIKUTTY, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPURAM DISTRICT. 9. K.ALIKUTTY, HIGHER GRADE PUMP OPERATOR ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 10. P.MARAKKARUTTY, HIGHER GRADE PUMP OPERATOR, ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 11. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.P.C.SASIDHARAN R4 TO 10 BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) R11 BY GOVERNMENT PLEADER, SRI.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16680 of 2009(D) --------------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF THE ORDER DATED 17.7.1976 APPOINTING THE PETITIONER AND EIGHT OTHERS AS PUMP OPERATOR IN THE ENGINEERING DEPARTMENT OF THE CALICUT UNIVERSITY ISSUED BY THE DEPUTY REGISTRAR (ADMN.) ON BEHALF OF THE 2ND RESPONDENT. EXT.P2. COPY OF THE ORDER DATED 27.5.1994, APPOINTING THE PETITIONER AS OVERSSEER (PUMPING) BY THE 2ND RESPONDENT. EXT.P3. COPY OF THE ORDER DATED 24.10.02000, GIVING CHARGE OF THE PLUMBING OVERSSEER TO THE PETITIONER, BY THE ASSISTANT EXECUTIVE ENGINEER -III. EXT.P4. COPY OF THE JUDGMENT DATED 27.6.2001 IN OP NO.7610 OF 1994 BY THIS HON'BLE COURT. EXT.P5. COPY OF THE ORDER DATED 25.2.2008 ISSUED BY THE DEPUTY REGISTRR (ADMN) ON BEHALF OF THE 2ND RESPONDENT. EXT.P6. COPY OF THE JUDGMENT DATED 21.11.2006 IN OP NO.14347 OF 1999 BY THIS HON'BLE COURT. EXT.P7. COPY OF THE REPRESENTATION DATED 17.3.2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8. COPY OF THE REPRESENTATION DATED 28.5.2008 FILED BY THE GENERAL SECRETARY CALICUT UNIVERSITY STAFF ORGANISATION, P.O. CALICUT UNIVERSITY, TO THE 2ND RESPONDENT. EXT.P9.COPY OF THE ORDER DATED 13.11.2008 GRANTING 2ND TIME BOUND HIGHER GRADE TO SAHADEVAN. T AND MOHAMMED BASHEER.C AFTER COMPLETION OF 16 YEARS SERVICE WITH EFFECT FROM 14.8.2008 BY THE RESPONDENT. EXT.P10. COPY OF THE REPRESENTATION DATED 9.1.2009 FILED BY THE GENERAL SECRETRY, CALICUT UNIVERSITY, STAFF ORGANISATION, P.O. CALICUT UNIVERSITY TO THE VICE CHANCELLOR, UNIVERSITY OF CALICUT. EXT.P11. COPY OF THE MEMO DATED 26.3.2009 ISSUED BY THE DEPUTY REGISTRAR (ADMN) FOR AND BEHALF OF THE REGISTRAR (ADMN.) FOR AND BEHALFOF THE REGISTRAR, TO THE PETITIONER. WP(C).No. 16680 of 2009(D) ---------------------------------------- EXT.P12. COPY OF THE PAY SLIP OF FEBRUARY 2009 OF THE PETITIONER AND THE 5TH RESPONDENT DATED NIL, ISSUED BY THE 1ST RESPONDENT. EXT.P13. COPY OF THAT ORDER DATED 31.8.2009 GRANTING IIND TIME BOUND HIGHER GRADE TO MURALEEDHARAN A.P. AND ARJUNAN. P AFTER THE COMPLETION OF 16 YEARS, WITH EFFECT FROM 1.8.2009 DEPUTY REGISTRAR (ADMN) ON BEHALF OF THE 2ND RESPONDENT. EXT.P14. COPY OF THAT MEMO DATED 8.7.2010 ISSUED BY THE JOINT REGISTRAR (ADMN) FOR REGISTRAR UNIVERSITY OF CALICUT TO THE PETITIONER. EXT.P15. COPY OF THAT ORDER DATED 18.9.2010 ISSUED BY THE JOINT REGISTRAR (ADMN) FOR REGISTRAR UNIVERSITY OF CALICUT. RESPONDENT'S EXHIBITS. ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 16680 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 J U D G M E N T The petitioner is retiring from service on 31.3.2011 as Overseer(Pumping)in the Engineering Department of the University of Calicut. 2. This writ petition was filed challenging Ext.P11 memo dated 26.3.2009. The petitioner filed a representation as per Ext.P7 with regard to the audit objection. It is pointed out that the Association has also filed Ext.P8 representation in the matter. 3. The learned counsel for the petitioner pointed out that subsequent to the filing of the writ petition the syndicate of the University has taken a decision dated 18.9.2010 wherein the audit objection raised similarly by the Deputy Director of Local Fund Audit in respect of fixation of pay of 7 pump operators has been overruled. It is pointed out that in the light of the above the petitioner is also entitled to get a similar benefit. 2. The learned counsel for the petitioner, therefore, WPC.No.16680/2009 : 2 : prayed that same benefit may be extended to the petitioner also. It is up to the petitioner to file an appropriate representation before the Registrar of University, relying upon the said decision of the Syndicate. If the petitioner files the same along with a copy of the judgment within two weeks, it will be considered and appropriate orders will be passed expeditiously, at any rate, within a further period of one month. The writ petition is disposed of accordingly. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) jma