IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 23191 of 2005(J) -------------------------------------- PETITIONER: ------------------- ALFRED C.S., CHETTINKAL HOUSE, NO.46/394, FATHER JEROME ROAD, BEHIND DON BOSCO GROUND, VADUTHALA, KOCHI-682 023, (RETD.AQUARIUM ASSISTANT, CUSAT, COCHIN-22). BY ADV.SRI.N.NAGARESH. RESPONDENTS: ------------------------ 1. COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, REPRESENTED BY ITS VICE CHANCELLOR, COCHIN-682 022. 2. REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-682 022. *ADDL. R3 IMPLEADED: 3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION(B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. *IS IMPLEADED AS ADDL.RESPONDENT 3 AS PER ORDER DATED 07/08/07 IN I.A. 10593/2007. BY SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHIN UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23191/2005-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. AD. A3/5361/76 DTD. 30/08/1988 OF THE R.2. EXT.P.2: COPY OF THE ORDER NO. AD-AD/35/87 DTD. 25/08/1989 OF THE R.2. EXT.P.3: COPY OF THE ORDER NO. AD-A3/5361/76 DTD. 29/01/1989 OF R.2. EXT.P.4: COPY OF THE ORDER NO. AD.A3/35/87 DTD. 15/11/1993 OF THE DEPUTY REGISTRAR (ADM.II). EXT.P.5: COPY OF THE REPRESENTATION DTD. 19/11/1993 SUBMITTED TO THE R.2. EXT.P.6: COPY OF THE ORDER NO. ASD. A3/35/87 DTD. 26/02/2001 OF THE DEPUTY REGISTRAR (ADMN.II). EXT.P.7: COPY OF THE RECOMMENDATION DTD. 27/12/2003 OF THE MEMBER SYNDICATE. EXT.P.8: EXTRACT OF THE MINUTES OF THE 25TH MEETING OF THE SYNDICATE HELD ON 09/12/1988. EXT.P.9: COPY OF THE ORDER NO. AD. A3/35/87 DT. 01/01/1994 OF THE ASSISTANT REGISTRAR (ADMN.). EXT.P.10: COPY OF THE ORDER NO. AD. A3/174/81 DTD. 24/08/1993 OF THE DEPUTY REGISTRAR (ADMN.II). EXT.P.11: COPY OF THE ORDER NO. AD. A3/214/72 DTD. 12/01/1999 OF THE DEPUTY REGISTRAR, (ADMN.II). EXT.P.12: COPY OF THE ORDER NO. FIN. II/F/906/99 DTD. 10/12/1999 OF THE DEPUTY REGISTRAR (FINANCE). EXT.P.13: COPY OF THE APPLICATION DTD. 10/08/2007 UNDER THE RTI ACT. EXT.P.14: COPY OF THE REPLY LETTER NO. AD A5/RIA/2006 DTD. 07/09/2007 OF THE PUBLIC INFORMATION OFFICER. EXT.P.15: COPY OF THE ORDER NO. AD. G2/2866/04 DTD. 20/03/2009 OF THE ASSISTANT REGISTRAR (ADMN.II). RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION RELATING TO THE YEAR 1993-94 OF THE PETITIONER. W.P.(C). NO.23191/2005-J: EXT.R1.B: COPY OF THE LETTER NO. LF. CHU/A6-751/93 DTD. 30/04/94 ISSUED BY THE GOVT. AUDITOR. EXT.R1.C: COPY OF THE MEMO NO. AD.A3/35/87 DTD. 22/12/1997 ISSUED BY THE UNIVERSITY. EXT.R1.D: COPY OF THE MEMO NO. AD. A3/35/87 DTD. 17/04/2001 ISSUED BY THE UNIVERSITY. EXT.R1.E: COPY OF THE LETTER NO. 6397/B2/2002/H. EDN. DTD. 05/11/2002 ISSUED BY THE GOVERNMENT OF KERALA. EXT.R1.F: COPY OF THE LETTER DTD. 05/08/2004 OF THE GOVERNMENT. EXT.R1.G: COPY OF THE U.O. NO.AD. A2/16397/94/VOL.II DTD. 09/02/2004 OF THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23191 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2010 J U D G M E N T The petitioner entered service of the Cochin University of Science and Technology as an Aquarium Assistant on 23.07.1984 in the scale of pay of Rs.640-1000/-. Later on the post of Aquarium Assistant was accepted as one in the Technical Cadre, as a result of which the petitioner was inducted into the nearest scale of pay in the technical cadre, which was Rs.675-1,125/-. Subsequently by Ext.P1 order a ratio promotion was given to all categories of employees on completion of minimum five years in the lower grade. Consequently the petitioner was given the scale of pay of Rs.780-1,320/- on completion of 5 years. Thereafter a new higher grade promotion scheme was introduced by Ext.P3 as per which every employee is entitled to higher grades on completion of 7, 15, 20 and 25 years of service. In respect of technical cadre staff, the higher grade was introduced as W.P.(C)No.23191 of 2005 -2- given in clause 6 thereof which reads thus: 6) The existing nine scales of pay recommended for Technical cadre shall be modified as follows: Rs.550-800 575-900 675-1125 780-1320 850-1600 975-1725 1100-2100 1250-2500 1300-2725 2. However by Ext.P4, the petitioner was given 7 years' higher grade in the scale of pay of Rs.1050-1830/- which was not included in Ext.P3. The petitioner contended that the petitioner is entitled to 7 years' higher grade in the scale of pay of Rs.1100-2070/- which was not given. Later on the question of higher grade to be granted to the petitioner was referred for consideration by the Dean of Faculty of Environmental Studies, who submitted Ext.P7 report suggesting higher grade as stated therein. That recommendation has also not been implemented. The petitioner therefore seeks the following reliefs: (i) issue a writ of mandamus commanding the respondents to place the petitioner in the pay scales Rs.1400-2600 with effect from 23.07.1991; Rs.1640-2900 with effect from 15.05.1993; Rs.6500-10550 with effect from W.P.(C)No.23191 of 2005 -3- 23.07.1999 and Rs.7200-11400 with effect from 23.07.2004; (ii) issue a writ of mandamus commanding the respondents to disburse the arrears of salary that would accrue on the petitioner consequent on the above revision, with interest at the rate of 18% till the actual date of payment. (iii) issue a writ of mandamus commanding the respondents to revise the retiral benefits of the petitioner on the basis of the due pay admissible to the petitioner forthwith and to pay arrears of retiral benefits immediately 3. The petitioner submits that the scale of pay of Rs.850-1,600/- was abolished in 1993. Therefore instead of Rs.850-1,600/- on completion of 7 years the petitioner who was already drawing the scale of pay of Rs.780-1320/- is entitled to the next scale of pay of Rs.975-1725, on completion of 15 years he is entitled to the scale of pay of Rs.1,110-2,100/- and on completion of 20 years he is entitled to the scale of pay of Rs.1250-2500. The petitioner subsequently retired on 31.05.2005. The petitioner submits that the petitioner is entitled to the said higher grade scales of pay. W.P.(C)No.23191 of 2005 -4- 4. Counter affidavit, additional counter affidavit and reply affidavit etc. etc. have been filed. 5. I have considered the rival contentions in detail. I am of opinion that the petitioner is entitled to higher grade only in accordance with Ext.P3. The higher grade have to be computed on the basis of scale of pay in the entry cadre. Admittedly the petitioner's scale of pay in the entry cadre was Rs.675-1,125/-. Therefore on completion of 7 years the petitioner was entitled to the next scale of pay of Rs.780-1,320/- only, in accordance with Ext.P3. That scale of pay was already given to him on completion of 5 years. Therefore the petitioner is not entitled to an increase in the scale of pay in accordance with Ext.P3 on completion of 7 years. The petitioner is thereupon entitled to only 15 years higher grade scale of pay which as per Ext.P3 is Rs.850-1600/-. The petitioner has not been able to produce any order showing that the scale of pay of Rs.850-1,600/- was abolished and corresponding amendments was made in Ext.P3 also. Therefore going by W.P.(C)No.23191 of 2005 -5- Ext.P3 order granting higher grades, higher grade available to the petitioner for 15 years and 20 years are Rs.850-1600/- and Rs.975-1725/-. In fact the petitioner has been granted more than what was due to him under Ext.P3. Therefore I do not think that the petitioner can sustain a claim for the scales of pay as claimed in the writ petition. Accordingly the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/