IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 6007 of 2009(U) ------------------------------------- PETITIONER: ------------------- DR.K. VIJAYAKUMAR, ASSOCIATED PROFESSOR, EPIDEMIOLOGY & PREVENTIVE MEDICINE, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, THRISSUR. BY ADV. MR.E.P.GOVINDAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE AGRICULTURAL PRODUCTION COMMISSIONER, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA AGRICULTURL UNIVERSITY, REPRESENTED BY THE REGISTRAR K.A.U POST, VELLANIKARA, THRISSUR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA,THRISSUR. 4. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRL. UNIVERSITY POST, VENNANIKKARA,THRISSUR. R1 BY GOVT. PLEADER SMT. M.R. SREELATHA, R2 TO R4 BY MR.K.P.MUJEEB, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6007/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DT. 04/09/2007 ISSUED TO THE PETITIONER FOR GRANTING THE BENEFITS. EXT.P.2: COPY OF THE LETTER DT. 24/09/2008 BY THE FINANCE DEPARTMENT. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE ORDER DTD. 04/08/09 IN GA/C2/23346/99(206) BY THE UNIVERSITY. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6007/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of October, 2009 J U D G M E N T The petitioner herein is functioning as Associate Professor (Epidemiology & Preventive Medicine) in the College of Veterinary and Animal Sciences, Thrissur. The main prayer in the writ petition is for a direction to respondent Nos.2, 3 and 4 to refix the scale of pay of Assistant Professor (Selection Grade) with effect from 05/12/1999 and Associate Professor in the same scale of pay with effect from 01/02/2000, and disburse the arrears forthwith. 2. Ext.P1 is the order by which the Career Advancement Promotion of the petitioner from Assistant Professor (Senior Scale) to Associate Professor was granted. The assigned dates of effect of promotions to the posts of Assistant Professor (Selection Grade) and Associate Professor are 05/12/1999 and 01/02/2000 respectively. Since the University did not take any steps in the matter, the petitioner filed this writ petition. 3. Along with the statement filed on behalf of respondents 2 to 4, they have produced Ext.R2(a), an order dated 04/08/2009, whereby the W.P.(C). No.6007/2009 -:2:- order Ext.P1 has been partially modified. As per the revised order, the petitioner is granted Career Advancement Promotion under the 1996 Scheme as Associate Professor on Rs.12,000/-18,300/- with effect from 27/11/2001. In paragraph (4) of the statement it is averred that necessary instructions have been given to authorise the revised pay of the petitioner. It is also submitted that he will also be authorised the eligible arrears as per the rules. 4. The learned counsel for the petitioner submitted that the respondents may be directed to disburse the due amount within a specified time. It is further submitted that leaving open the remedy of the petitioner to challenge Ext.R2(a) order, the arrears in terms of said order may be directed to be paid 5. Heard the learned counsel for the University also. 6. There will be a direction to the respondents to refix the pay and disburse the eligible benefits within a period of two months from the date of receipt of a copy of this judgment. The same will be without prejudice to the right of the petitioner to challenge the date of refixation i.e. 27/11/2001 in Ext.R2(a). The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms