IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 12062 of 2011(G) ----------------------------------------- PETITIONER(S): ------------------------ 1. SURENDRAN, PADINGARE VEETTIL, FARM OFFICER SEL. GR., COLLEGE OF AGRICULTURE, PADANNAKKAD. 2. T. KUTTICHAN, FARM MANAGER GR.I, COLLEGE OF DAIRY SCIENCE & TECHNOLOGY, KOLAHALAMDEU. 3. K.K. VIJAYA KUMAR, FRAM MANAGER GR.I, CARDMAM RESEARCH STATION, PAMPADUMPARA. 4. K.S. SUJATHA, FARM MANAGER GR.I, CROPPING SYSTEMS RESEARCH CENTRE, KARAMANA. 5. P.R. SATHIAN, FARM MANAGER GR.I, COLLEGE OF HORTICULTURE, VELLANIKKKARA. 6. RAJAN. N.R, FARM MANAGER GR.II, A.M.T.R.S., ODAKKALI, ERNAKLULAM DISTRICT. 7. K. LAKSHMANAN, FARM MANAGER GR.II, PEPPER RESEARCH STATION, PANNIYUR. 8. V.J. PAUL, FARM MANAGER GR.II, COMMUNICATION CENTRE, CENTRAL TRAINING INSTITUTE, MANNUTHY. 9. P.B. BASHAJAN, FARM MANAGER GR.II, COMMUNICATION CENTRE, MANNUTHY. 10. K.G. MOHANDAS,FARM MANAGER GR.II, CARDAMAM RESEARCH STATION, PAMPADUMPARA. 11. A.X. GEORGE, FARM MANAGER GR.II, BIOLOGICAL CONROL OF CROP AND POST MANAGEMENT, VELLANIKKARA. 12. KAMRUDHEEN,FARM MANAGER GR.II, TRAINING SCHEME, COLLEGE OF AGRICULTURE, VELLAYANI. 13. R. REGHU, FARM MANAGER GR.II, AMPRS, ODAKKALI. WP(C).No. 12062 of 2011(G) 14. RAMACHANDRAN. P.K, FARM OFFICER SELN. GR., CASHEW RESEARCH STATION, MADAKKATHARA. 15. SATHEESAN. K.G, FARM OFFICER SELN. GR, DEPARTMENT OF OLERICULTURE, COLLEGE OF HORTICULTURE, VELLANIKKARA. 16. SANTHOSH C.K, FARM OFFICER SELN. GR., AICVIP SCHEME, VALLANIKKARA. 17. VIJAYAKUMAR. A.K, FARM OFFICER SELN. GR, ATIC, MANNUTHY. 18. JOSEPH. K.J, FARM OFFICER SELN.GR, PEPPER RESEARCH STATION, PANNIYUR. 19. HARISHKUMAR. A.S, FARM OFFICER SELN.GR, INSTRUCTIONAL FARM, VELLAYANI. 20. VENU. A.R, FARM OFFICER SELN.GR, AMPRS, ODAKKALI. 21. ELDHO. K.M, FARM OFFICER SELN.GR, WMRU PROJECT VELLANIKKARA, UNDER ARS, CHALAKKUDI. 22. RESMI PAUL, FARM OFFICER SENIOR II, AGRICULTURAL RESEARCH STATION, MANNUTHY. 23. P.A. SAMKUTTY, FARM SUPERINTENDENT, COLLEGE OF AGRICULTURE, VELLAYANI. 24. K. JUSTIN, FARM MANAGER GR.II, COLLEGE OF AGRICULTURE, VELLAYANI. 25. I. KRISHNAKUMARI, FARM MANAGER GR.II, COLLEGE OF AGRICULTURE, VELLAYANI. 26. V.T. BOSE, FARM OFFICER SELECTION GRADE, COLLEGE OF AGRICULTURE, VELLAYANI. 27. TOMY ABRAHAM, FARM OFFICER SELECTION GR, CROPPING SYSTEM RESEARCH CENTRE, KARAMANA PO, THIRUVANANTHAPURAM. 28. SURESH BABU KARAYI, FARM OFFICER SELECTION GR., COLLEGE OF AGRICULTURE, PADANNAKKAD, NILESWAR. 29. SASIDHARAN. T, FARM OFFICER SELECTION GR., COLLEGE OF AGRICULTURE, PADANNAKKAD, NILESWAR. 30. C. RATHEESH, FARM OFFICER SELECTION GR., REGIONAL AGRICULTURE RESEARCH STATION, PILICODE. WP(C).No. 12062 of 2011(G) 31. MURALIDHARAN. T.P, FARM MANAGER GR.II, PEPPER RESEARCH STATION, PANNIYOOR, KANNUR DISTRICT 32. P. KRISHNAN, FARM OFFICER SELECTION GR., PEPPER RESEARCH STATION, PANNIYOOR , KANNUR DISTRICT. 33. AJITH KUMAR PUTHIYADATH, FARM OFFICER SELECTION GR., REGIONAL AGRICULTURE RESEARCH STATION, PILICODE. 34. JAIMON. K.C, FARM OFFICER SELECTION GR., REGIONAL AGRICULTURE RESEARCH STATION, PILICODE. 35. PRASADU. V.P , FARM SUPDT., CARDAMAM RESEARCH STATION, PAMPADUMPARA, IDUKKI. 36. PRADEEP. C.V, FARM MANAGER GR.I, CARDAMAM RESEARCH STATION, PAMPADUMPARA, IDUKKI. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM, PIN- 695 001. 2. SECRETARY TO GOVT. (PRCC) DEPARTMENT, THIRUVANANTHAPURAM, PIN -695 001. 3. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, TRISSUR, PIN- 680 656. 4. VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THIRUVANANTHAPURAM, PIN- 680 656. R1 & R2 BY GOVT. PLEADER MR.V. VIJULAL. R3 & R4 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, ALONG WITH WP(C) NO.15412/2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 12062 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 13/01/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND AND 4TH RESPONDENTS. EXT.P2: COPY OF THE LETTER DATED 03/02/2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS. EXT.P3: COPY OF THE RELEVANT PAGES OF PAY REVISION ORDER BY 2ND RESPONDENT AS PER GO(P) NO.86/2011/FIN. DATED 26/02/2011, THIRUVANANTHAPURAM. EXT.P4: COPY OF THE ORDER PASSED BY RESPONDENT UNIVERSITY BEARING NO.GA B1/13008/11, VELLANIKKARA DATED 02/04/2011. EXT.P5: COPY OF THE LAST PAGE OF EXHIBIT P3 WITH CONTAIN SOME OF THE CHANGES/ADDITIONS DATED 16/04/2011 DOWNLOADED FROM THE INTERNET. EXT.P6: COPY OF THE ORDER G.O.(P).144/2011/FIN , THIRUVANANTHAPURAM, DATED 30/03/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE DETAIL TABLE. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 12062/2011-G, 14863/2011-G, 14935/2011-N 15412/2011-B, 16543/2011-P, 18401/2011-A & 18724/2011-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. JUDGMENT All the petitioners herein are working under the Kerala Agricultural University, in the category generally known as Farm Staff in different posts. The grievance raised in these writ petitions is regarding the reversion ordered by the University based on the implementatiion of pay revision order dated 26.2.2011. The grounds raised in the writ petition are as follows: 2. This is a case where when the pay revision order was issued, it has adversely affected the persons like the petitioners. It is pointed out in the writ petitions that the post held by the petitioners and the designation granted pursuant to promotions cannot be interfered with by the pay revision orders and at any rate, they cannot have an adverse impact on the pay scales granted to the petitioners as well as promotion prospects. It appears from the pay revision order produced in W.P.(C) No.12062/2011 as Ext.P3, as far as Farm staff is concerned, the existing scales of pay and revised scales of pay are shown therein. The consequent order issued by the wpc 12062/2011, etc. 2 University is produced as Ext.P4 therein. In fact, the University had also addressed the Agricultural Production Commissioner, as evident from Ext.P6 communication produced in W.P.(C) No.14935/2011 about the anomalies with regard to the proposals including pay revision order. 3. This Court, after admitting the writ petitions, has passed interim orders in these cases. The petitioners were directed to file appropriate representations before the Rectification Cell and it is submitted that many of the petitioners have filed representations also. 4. In the affidavit filed by the second respondent, various aspects have been pointed out. It is averred in para 11 that the Executive Committee of the University in its 485th meeting held on 23.7.2011 has agreed to the implementation of the Pay Revision Order in the University and decided to place the anomalies in 2009 pay revision in the next meeting for discussion. In the meeting of the General council held on 16.8.2011 the Chairman, the 4th respondent has assured that the issues will be discussed in the next Executive Committee and the Government can again be addressed with recommendation of the Executive Committee as the demands of the employees are genuine. The University has produced as Ext.R3(a), a detailed table showing as to how the implementation will affect the existing staff like the petitioners. wpc 12062/2011, etc. 3 5. Evidently, therefore, there are certain anomalies which will have to be rectified. It is pointed out that posts sanctioned earlier and the promotions made cannot be nullified by the implementation of the pay revision order. 6. Therefore, the writ petitions are disposed of with the following directions: The representations of the petitioners addressed to the Anomaly Rectification Cell (Finance Department) of the Government of Kerala will be forwarded by the University along with their comments and relevant materials as well in the matter and the decision to be taken by the Executive Committee, within a period of one month. The Anomaly Rectification Cell will thereafter consider the matter within a further period of five months, after hearing the petitioners and the University. Till then, the orders of stay granted by this Court will be in force as far as the petitioners are concerned. No costs. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/