IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20549 of 2011(P) ----------------------- PETITIONER(S): ----------------------- 1. RAVI C.V., MOLATHU VEEDU, UNIVERSITY P.O., SOUTH KALAMASSERRY, COCHI-682022. 2. ABDUL RAHIMAN, POOTHEPARAMPIL HOUSE, PUTHUVAL, THRIKKAKARA NORTH, UNIVERSITY P.O., SOUTH KALAMASSERRY, PIN 682022. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): -------------------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, (CUSAT) REPRESENTED BY ITS REGISTRAR, KOCHI-682 022. 2. THE FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, (CUSAT), KOCHI-682 022. R1 & R2 BY ADV. SRI.SURIN GEORGE IPE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 20549 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER NO. AD.A4/174/81 DATED 20-10-1998 ISSUED BY THE RESPONDENT EXT.P2 : COPY OF RELEVANT PAGES OF SERVICE BOOK ISSUED TO THE 1ST PETITIONER. EXT.P3 : COPY OF RELEVANT PAGES OF SERVICE BOOK ISSUED TO THE 2ND PETITIONER. EXT.P4 : COPY OF CERTIFICATE ON LIABILITY DT. 28-11-2008 ISSUED BY RESPONDENT. EXT.P5 : COPY OF LETTER DATED 15-6-2011 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE RESPONDENT. EXT.P5(a) : COPY OF CERTIFICATE ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. EXT.P6 : COPY OF JUDGMENT DATED 9.12.2009 IN WP(C) NO. 18276/05 OF THIS HON'BLE COURT. EXT.P7 : COPY OF JUDGMENT DATED 17-12-2010 IN WP(C) NO. 35875/2010 OF THIS HON'BLE COURT. EXT.P8 : COPY OF REPRESENTATION DT. 24-6-2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT. EXT.P9 : COPY OF REPRESENTATION DT. 24-6-2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20549/2011-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of August, 2011 J U D G M E N T Both the petitioners have attained superannuation from the first respondent-University. It is pointed out that they have got unblemished service under the University. It is pointed out that the time bound Higher Grade scheme under the University allows appropriate grades to be sanctioned on completion of 7, 15, 20 and 25 years of service. The first petitioner was granted 25 years of higher grade as evident from Ext.P1. It was granted with effect from 13/12/1993. It is further pointed out that the same has not been revoked till the time of superannuation. The second petitioner was granted 7 and 15 years Higher Grades in the years 1990 and 1998 which have never been revoked and the 20th year Higher Grade is also due to the second petitioner. 2. The main prayer in the writ petition is for a direction to the respondents to refix and revise the pensionery benefits by reckoning time bound Higher W.P.(C). No.20549/2011 -:2:- Grades granted and Pay Revision benefits effected from time to time. Other reliefs are also sought for in the writ petition. It is pointed out that till their date of retirement, the benefits were being granted but now for calculating pensionery benefits, many of the benefits have not been reckoned. It is further pointed out that the respondents have granted the benefits of time bound higher grade in the light of Exts.P6 and P7 Judgments in like cases. It is accordingly, they have prayed for grant of revision and refixation of pensionery benefits by way of Exts.P8 and P9 representations. 3. Heard the learned Standing Counsel for the University. It is submitted that as far as the second petitioner is concerned, there will be a difference of Rs.100/- in respect of H.R.A. It is also submitted that appropriate decision will be taken on Exts.P8 and P9 representations. 4. Learned counsel for the petitioners submitted that as far as the second petitioner is concerned, the benefit of 20 years Higher Grade will have also to be W.P.(C). No.20549/2011 -:3:- considered even though it was omitted to be stated in Ext.P9. Appropriate decision will be taken, and communicated to the petitioners, in the light of the principles stated in Exts.P6 and P7 Judgments within a period of four weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioners will forward a copy of the writ petition along with a certified copy of the Judgment to the respondents for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms