IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 4920 of 2011(L) ------------------------------------- PETITIONER: ------------------- DR.P. INDIRA DEVI, PROFESSOR, COLLEGE OF HORTICULTURE, VELLANIKARA, RESIDING AT PRANAVAM, TRIVENI GARDENS, KALVARI ROAD, POOTHOL, TRISSUR. BY ADV. SRI.P.V.JAYACHANDRAN. RESPONDENTS: ------------------------ 1. THE REGISTRAR, KERLA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR – 680 654,. 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR – 680 654. R1 & R2 BY SRI. K.P. MUJEEB, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,ALONG WITH W.P.(C). NOS. 5778/2011 & 6104/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.4920, 5778 & 6104 OF 2011 --------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T These writ petitions are filed by the respective petitioners aggrieved by the delay in disbursement of benefits as per the UGC schemes 1996 and 2006. The petitioner in W.P.(C) No. 4920/2011 is working as Professor in the College of Horticulture, Vellanikkara and the petitioner in W.P.(C)No.5778/2011 is presently working as Professor & Head of the Department of Agricultural Engineering, College of Horticulture in Vellanikkara and the petitioner in W.P.(C)No.6104/2011 is working as Professor, Department of Olericulture, College of Horticulture in the Kerala Agricultural University, Vellanikkara. 2. It is the case of the petitioners that the arrears are due to them in respect of 1996 as well as 2006 UGC Schemes. They pray that directions may be issued to the respondents to disburse the arrears of salary in respect of 1996 and 2006 UGC Scheme authorized by the pay slips of the petitioners. W.P.(C) Nos.4920, 5778 & 6104/2011 2 3. Evidently, pay slips have been issued to all the petitioners but they are yet to receive the benefits of the same. This is the plight projected by them in these writ petitions. 4. One of the allegations raised in these writ petitions is that even though funds from the Indian Council of Agricultural Research has been received by the University, those funds have been diverted and the same has been resulted in denial of benefits to the petitioners in spite of the issuance of the pay slips. 5. In the counter affidavit filed by the University in W.P.(C) No.4920/2011, it is averred that the contention of the petitioner that ICAR has released 80% of its share to University on account of UGC 2006 implementation is not correct. It is stated that the ICAR has so far released 60% of the 80% share only to the University on the specific condition that the funds on account of 20% of the State Government has to be received by the University before making the payment of arrears. 6. Exhibit R1(a) is a copy of the letter from the ICAR. The total anticipated expenditure on account of 2006 UGC and share W.P.(C) Nos.4920, 5778 & 6104/2011 3 to be borne by the ICAR and the State Government has been narrated in paragraph 3 and going by the same, the State share to the University will be Rs.13,69,64,227/-. The balance to be received from ICAR is Rs.21,91,42,700/-. The amounts so far released by them is Rs.32,87,14,200/-. It is also stated that the anticipated total amount required will be Rs.68,48,21,134/-. Therefore, unless and until the State Government releases the balance amount which is the component of the State, according to the Registrar, the University will not be able to release the amount to the beneficiaries concerned. 7. In that view of the matter, at this stage, it cannot be possible for this Court to straight away direct the University to disburse the amount to the petitioners. Learned counsel for the petitioners submitted that the University is not taking any effective steps to get the required amount from the State funds. This is stoutly opposed by the learned Standing Counsel for the University by pointing out that repeated correspondence have been made with the State Government but so far funds have not been released. W.P.(C) Nos.4920, 5778 & 6104/2011 4 There will be a direction to the University to pursue the steps already taken with the State Government to see that the required funds are released. The University will project the plight of the petitioners and similarly placed teachers for getting release of the amount. On getting the said component released, the amount due to the petitioners will be released. It is made clear that if the amounts are not thus released within a period of six months from today, the petitioners will be entitled to approach this Court again for appropriate reliefs against the University and the Government. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp