IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 16111 of 2008(R) PETITIONER: --------------- DR.T.M.KURIAN, PROFESSOR, SUGAR CANE RESERACH STATION, THIRUVALLA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KREALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. 3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR. ADV. SRI.K.P.MUJEEB STANDING COUNSEL FOR THE KERALA AGRICULTURAL UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.GA/C2/18326/88(ii) DATED 2.8.88. EXT.P2 TRUE COPY OF THE ORDER GO(P) NO.171/99/HEDN DATED 21.12.1999. EXT.P3 TRUE COPY OF THE ORDER G.O.(P)NO.40/2002/H.EDN. DATED 30.4.2002. EXT.P4 TRUE COPY OF THE ORDER NO.GA/C2/23346/99(530) DATED 25.8.2007. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 16111 OF 2008 R ------------------------------------------------------ Dated this the 9th day of November, 2010 JUDGMENT The reliefs prayed for by the petitioner in the Writ Petition are the following: “(a) Issue a Writ of Certiorari or appropriate Writs, directions or orders calling for the records leading up to Ext.P4 and quash Ext.P4 to the extent to which the induction granted to the petitioner as Associate Professor with effect from 8.12.89 and career advancement promotion to the post of Professor granted to the petitioner with effect from 12.6.2005. (b) Declare that the petitioner is legally entitled to get inducted in to 1986 UGC scheme as Associate Professor in Rs.3700-5700 pay scale with effect from 1.1.86 and to get the career advancement promotion to the post of Professor in Rs.16400- 22400 pay scale with effect from 12.6.97. (c) Issue a Writ of Mandamus or appropriate writs directions or Orders directing the 3rd respondent W.P.(C) NO.16111 OF 2008 R :: 2 :: to re-fix the salary of the petitioner in 3700-5700 pay scale with effect from 1.1.86 and Rs.16400- 22400 pay scale with effect from 12.6.97, disburse the consequential arrears, and increments forthwith. (d) Declare that the petitioner is legally entitled to get the arrears of salary and other allowances with increment with effect from 1.1.86 in Rs.3700-5700 pay scale and in Rs.16400-22400 pay scale with effect from 12.6.1997. (e) Grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.” 2. Learned counsel for the petitioner submitted that the only relief which is to be considered in the Writ Petition now is the first part of relief (b). It is submitted that first part of relief (b) is covered by the decision in W.P.(C) No.6558 of 2008 in favour of the petitioner. The Supreme Court confirmed the view taken by the Division Bench of the Kerala High Court. In view of the judgment in W.P.(C) No.6558 of 2008, the petitioner would be entitled to the pay of `3700-5700 with effect from the date of non-cadre promotion as Associate Professor. It is also submitted by the learned counsel for W.P.(C) NO.16111 OF 2008 R :: 3 :: the petitioner and the learned Standing Counsel appearing for the University that second part of relief (b), namely, career advancement promotion to the post of Professor was already granted with effect from the date of acquisition of Ph.D. This submission is recorded. Accordingly, the Writ Petition is disposed of directing respondents 2 and 3 to grant salary to the petitioner in the pay scale of `3700-5700 from the date of his non-cadre promotion as Associate Professor. Consequential orders shall also be passed and arrears of salary shall be paid within two months. (K.T.SANKARAN) Judge ahz/