IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 28489 of 2009(E) -------------------------- PETITIONER(S): --------------- SEBASTIAN BILONIS, AGED 58 YEARS, S/O.LATE HENRY BILONIS, TECHNICIAN II (RETIRED) DEPARTMENT OF SHIP TECHNOLOGY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN-22, RESIDING AT `VAYALIL PUTHENVEEDU' HOUSE, INRA 188, PATTATHANAM, KOLLAM-691001. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRI.BEPIN PAUL RESPONDENT(S): --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI, REPRESENTED BY ITS REGISTRAR. 2. DEPUTY REGISTRAR (FINANCE), COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. 3. FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22. 4. DEPUTY DIRECTOR (HG), LOCAL FUND AUDIT, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22. 5. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1-3 GOVERNMENT PLEADER, SHRI V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28489/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2009 J U D G M E N T The writ petitioner herein retired from service of the University as Technician II on 31/08/2006. 2. He started his career as Lathe Operator on 10/02/1984 in the scale of pay of Rs.420-720/-. The University, in the year 1988, introduced the Ratio Promotion Scheme to the Technical cadre as per Ext.P2. The post held by the petitioner is also included therein. His scale of pay was later revised to Rs.780-1320/-. Ext.P3 is the one introduced by the University for granting Time Bound Higher Grade Promotion Scheme of 7, 15, 20 and 25 years. He was granted Higher Grade on completion of five years of service, and was placed in the scale of Rs.850- 1600/-, as per Ext.P4 order. His initial pay also was revised and, accordingly, he was sanctioned pay in the scale of Rs.1100-2070/- on granting Higher Grade of five years. It is averred in the writ petition that, in 1993 the University introduced a new cadre as Technical Cadre (Scientific) and the post of the petitioner was re- designated Technician Grade II. Subsequent steps were taken to rectify the anomaly in the scale of pay and he was granted fixation of pay in the scale of Rs.1250-2230/- W.P.(C). No.28489/2009 -:2:- after cancelling the earlier fixation, as per Ext.P5. By Ext.P6, the University called for option from the employees of the Technical Cadre (Scientific) either to continue in the Grade Promotion Scheme or to come over to the Career Advancement Scheme. Accordingly, the petitioner opted to continue in the Grade Promotion Scheme. Ext.P7 is the copy of the said option. He was sanctioned due scale as per Ext.P8. 3. Later, on completion of 20 years of service, he sought for grant of Higher Grade on that basis which was rejected as per Ext.P9. On retirement, by Ext.P10, the terminal benefits were sanctioned. It is the case of the petitioner that retirement benefits were not fixed in terms of the benefits sanctioned to him from time to time. A liability to the tune of Rs.2,35,242/- was also shown as per Ext.P11. Later, by Ext.P12, the Syndicate decided to release the D.C.R.G which was withheld in respect of the employees who have retired from the University service. They were of the view that the Higher Grade granted to the employees upto 27/12/2003 was according to the decision of the Syndicate. They have also relied upon two decisions of this Court. Accordingly, by Ext.P13, consequential orders were passed to release the withheld amount of the D.C.R.G and the amount was disbursed. W.P.(C). No.28489/2009 -:3:- 4. The main relief sought for in the writ petition is to quash the audit objection whereby the full pension and other retirement benefits have been denied to him. 5. The very same issue was considered by this Court in W.P.(C).No.11580/2009. Therein, reliance is placed on the Judgment of this Court in W.P.(C).No.5908/2005. Paragraph (5) of the said Judgment overruled a similar objection in the following terms:- “From the above facts, it is clear that petitioner was given the benefits based on a Syndicate decision as evidenced by Ext.P1 dated 13/05/2002. The Syndicate is the competent authority as empowered under the Statute and its decision is well within its jurisdiction. As per the counter affidavit also, the University took up the matter with the Government to waive the Audit Objection. The only reason for issuing Ext.P6 is based on an audit objection and the Government did not agree with the view of the Syndicate. But the fact remains that the decision in Ext.P1 is not yet revoked or cancelled by any subsequent decision of the Syndicate. No materials whatsoever is also placed W.P.(C). No.28489/2009 -:4:- cancelling such decision. So long as Ext.P1 stands and payment having been effected based on the Syndicate decision, the question arises as to how any recovery could be made and any liability could be fastened based on a mere audit objection.” 6. In fact, this Court was of the view that the competent authority is Syndicate which is empowered to take a decision on the matter and unless that is replaced by a fresh decision, the liability cannot be fastened after retirement based on a mere audit objection. The decision of the Division Bench in Sreedharan v.Union of India [2002 (1) KLT 444] was also relied upon. I respectfully, agree with the same. 7. In the light of the above, the petitioner is entitled to succeed in the writ petition. Herein, going by Exts.P12 and P13 the Syndicate has resolved that the Higher Grades granted to the employees upto 27/12/2003 were according to the decision of the Syndicate and that was justified. In that view of the matter, the audit objection cannot be sustained. There will be a direction to the respondents to restore the pay of the petitioner as fixed from time to time and to disburse the consequential W.P.(C). No.28489/2009 -:5:- pensionary benefits after refixing the benefits sanctioned as per Ext.P10 and after taking into consideration the subsequent pay fixations from time to time. The monetary benefits due will be disbursed within a period of three months. It is made clear that the benefits granted to the petitioner will not include the 20 years' Higher Grade since that was never granted by the Syndicate. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms