IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 5015 of 2005(V) -------------------------------------- PETITIONER(S): ------------------------- V.J. RAJAN, JUNIOR LIBRARIAN (RETD.) DEPARTMENT OF PHYSICS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22 AND RESIDING AT VELIYIL PARAMBIL, KURIKAD P.O., THIRUVANKULAM (VIA), ERNAKULAM DISTRICT. BY ADV. SRI.B.RAMACHANDRAN SMT.JOLIMA GEORGE RESPONDENT(S): ---------------------------- THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. ADV. SRI.SUNIL CYRIAC, SC, COCHIN UNIVERSITY SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI UTY SRI.P.CHANDRASEKHAR,SC,CUSAT,COCHIN UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5015/2005 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGMENT IN W.A. 1217/1997 DTD. 05/12/2003 OF HON'BLE HIGH COURT OF KERALA. EXT.P2; COPY OF K.U.O.NO.AD.A1/1683/69 DTD. 30/08/1970. EXT.P3: COPY OF ORDER DTD. 5/09/1989. EXT.P4: COPY OF ORDER DTD. 28/07/2000. EXT.P5: COPY OF ORDER DTD. 14/01/1992. EXT.P6: COPY OF ORDER DTD. 30/10/1995. EXT.P7: COPY OF ORDER DTD. 01/07/1987. EXT.P8: COPY OF REPRESENTATION DTD. 02/08/2002. EXT.P9: COPY OF JUDGMENT DTD. 12/08/2002 IN O.P.23073/02 OF HON'BLE HIGH COURT OF KERALA. EXT.P10: COPY OF LETTER DTD. 23/12/2002. EXT.P11: COPY OF ORDER DTD. 06/03/1991. EXT.P12: COPY OF ORDER DTD. 11/04/2000. EXT.P13: COPY OF ORDER DTD. 14/06/2002. EXT.P14: COPY OF SCALE OF THE PETITIONER. EXT.P15: COPY OF LETTER DTD. 13/05/2004. EXT.P16: COPY OF ORDER DTD. 12/08/1987. EXT.P17: COPY OF ORDER DTD. 09/02/1982. EXT.P18: COPY OF ORDER DTD. 22/02/1983. EXT.P19: COPY OF FINAL GRADATION LIST DTD. 30/06/1980 FROM THE REGISTRAR, KERALA UNIVERSITY TO THE RESPONDENT. EXT.P20: COPY OF LR.NO.AD.ADV.22135/80 DTD. 25/04/1980 FROM THE REGISTRAR, KERALA UNIVERSITY TO THE RESPONDENT. EXT.P21: COPY OF G.O.(MS) NO.130/2000/H.EDN. DTD. 11/08/2000. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ Kss P.A.TO JUDGE ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.5015/2005 ----------------------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner commenced service as Library Assistant with effect from 21.7.1969. He was promoted as Technical Assistant on 22.5.1981 and thereafter as Junior Librarian, (re-designated post of Reference Assistant), with effect from 25.4.1994. He continued in that post and retired from service on 31.5.2001. In this writ petition, the complaint is regarding the alleged refusal of the University in giving the benefit of scale of pay attached to the post of Reference Assistant with effect from 1.9.1985. This claim was considered by the University and was rejected by Ext.P10. The petitioner continued to make representations and that resulted in Ext.P15. It is challenging Exts.P10 and P15 the writ petition has been filed. WP(c).No.5015/2005 2 2. As already noticed, the petitioner's claim is for the scale of pay attached to the post of Reference Assistant. A reading of Ext.P10 itself shows that the petitioner did not hold the post of Reference Assistant, but was holding only the post of Special Grade Reference Assistant, a post different from that of Reference Assistant. The order also shows that he was being paid at the scale as applicable to the post of Special Grade Reference Assistant. If that be so, as the petitioner has not worked as Reference Assistant, the claim of the petitioner for the scale of pay of Reference Assistant has been rightly rejected by the University. I do not also find any substance in the claim of the petitioner for the Higher scale of Rs.1100/- to 2200/- as against the scale of Rs.1050/- to 2000 which was extended to the petitioner. Writ Petition is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No.5015/2005 3