IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 9536 of 2009(J) ------------------------------------ PETITIONER(S): ----------------------- THRESSIAMMA K.P., CHIRAMEL HOUSE, SOUTH PARK, OLLUKKARA P.O., THRISSUR DISTRICT. BY ADVS. MR.ELVIN PETER P.J. MR.VARGHESE J.PUNNACHALIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR, REP.BY ITS REGISTRAR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, THRISSUR. 4. THE MANAGER, KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL, VELLANIKKARA, THRISSUR. 5. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, OFFICE OF THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY , VELLANIKKARA, THRISSUR. 6. THE DIRECTOR OF LOCAL FUND AUDIT OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.T.T.MUHAMOOD FOR R1 BY ADV. MR.RENJITH THAMPAN , SC R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9536/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 21.6.82 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. P2:- COPY OF THE ORDER DT. 19.8.86 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. P3:- COPY OF THE ORDER DT. 10.11.99 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY. P4:- COPY OF THE ORDER DT. 7.7.07 ISSUED BY THE 5TH RESPONDENT. P5:- COPY OF THE MINUTES OF THE MEETING OF THE UNIVERSITY HELD ON 21.4.06. P6:- COPY OF THE REPRESENTATION DT. 24.1.09 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P7:- COPY OF THE COMMUNICATION DT. 6.2.09 ISSUED BY THE 6TH RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9536/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of June, 2009 J U D G M E N T The petitioner herein was appointed as English Medium Teacher in the school managed by the Kerala Agricultural University on a scale of pay of Rs.420-720. She joined duty on 23/06/1982. She was granted Higher Grade and, thereafter, she was promoted as High School Assistant. She was given regular promotion as Headmistress on 23/08/2006. She retired from service on 31/05/2007 while holding the post of Headmistress. 2. As per Ext.P4, her pensionary benefits were quantified. It appears that the pensionary benefits were quantified not in accordance with the pay drawn by her in the scale that was sanctioned to her in the category of Headmistress on the date of her retirement. The fifth respondent had raised an objection regarding the scale of pay that was sanctioned to the petitioner on appointment as a Teacher way back in the year 1992. The apparent objection raised is that the scale of pay of Rs.420-720 sanctioned to the petitioner is not equivalent to the scale of pay of Government Teachers i.e. Rs.340-535. By Ext.P5, the University requested to drop the audit objection, stating cogent reasons. W.P.(C). No.9536/2009 -:2:- 3. Ext.P6 is the representation filed by the petitioner in the matter. The main challenge in the writ petition is against Ext.P4 by which her pay was refixed for the purpose of sanctioning pensionary benefits. 3. Ext.P1 is the order by which the petitioner was appointed pursuant to the selection conducted by the Selection Committee of the University. She was offered a scale of pay of Rs.420-720. It is evident that the appointment is as permitted by the University First Statute. It is also evident from the appointment order itself that the scale of pay is as fixed by the University. Obviously, that was not at par with the scale of pay applicable to similar posts in the Government Schools. There is nothing to show that the scale of pay of the Teachers in the University should be on a par with the scale of pay of Teachers of Government Schools. In that view of the matter, the audit objection cannot survive. 4. The learned counsel for the petitioner relied upon the judgment of this Court in W.P.(C).No.4491/2009 wherein a similar issue was considered. It was found therein that in the absence of any competent order, whereby the University was obliged to adopt the same scale of pay as that was relevant in the Government schools at the same point of time, the objection cannot be sustained. A reference was made therein to Ext.P5 W.P.(C). No.9536/2009 -:3:- which provides a specific clause enabling the Executive Committee of the University to fix the salary and allowances. The learned Standing Counsel for the University submitted that in regard to the petitioner herein also the salary was fixed in accordance with the First Statutes. In the counter affidavit filed by the fifth respondent, it is averred that the said respondent's office has recommended before the Legislative Committee on Local Fund Accounts to drop the audit objection. 5. The petitioner is entitled to succeed in the writ petition for all these reasons. The writ petition is allowed. Ext.P4 to the extent it refixes the pensionary benefits of the petitioner is quashed. The petitioner will be entitled for sanction of pensionary benefits as per the scale of pay which was sanctioned as per Ext.P1 and which was being drawn from time to time. Therefore, respondent Nos. 2 to 4 shall take steps to disburse the eligible pensionary benefits within a period of two months from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms