IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 30075 of 2011(H) -------------------------- PETITIONER(S): --------------- DR.C.J.CHERIAN, (RETIRED ASSOCIATE PROFESSOR (ACQUACULTURE), COLLEGE OF FISHERIES, KERALA AGRICULTURAL UNIVERSITY, PANANGAD, KOCHI, 682 506) RESIDING AT 32/1595, CHIREPARAMBIL, PERINGAT ROAD, NEAR YMCA, PALARIVATTOM, KOCHI-682 506. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKAD, THRISSUR-680 656, REPRESENTED BY ITS REGISTRAR. 2. KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES REPRESENTED BY ITS REGISTRAR, PANANGAD P.O., KOCHI-682 506. R1 BY ADV. SHRI K.P. MUJEEB ADV. SRI.MILLU DANDAPANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, ALONG WITH WPC NO. 30197 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 30075/2011 PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 23/11/2006 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF THE KERALA AGRICULTURAL UNIVERSITY. EXHIBIT P2. TRUE COPY OF THE JUDGMENT IN WPC NO.24760/2009 DATED 4/11/2009 OF THIS HONOURABLE COURT. EXHIBIT P3. TRUE COPY OF THE JUDGMENT IN WPC NO.6401/2011 DATED 23/6/2011 OF THIS HONOURABE COURT. RESPONDENTS' EXHIBITS NIL P. S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.30075 & 30197 of 2011 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT In both the writ petitions, the petitioners are seeking for a direction to the University to grant the benefits under the Career Advancement Promotion Scheme with retrospective effect. 2. In W.P.(C) No.30075/2011, the petitioner retired as Associate Professor (Aquaculture), on 27.5.2004. The complaint raised is that in spite of repeated representations submitted by the petitioner for the grant of benefits under the Career Advancement Promotion Scheme, the University did not consider his request favourably. Ext.P1 is the last of the representations submitted before the Registrar of the University. Exts.P2 and P3 are judgments of this Court wherein, in identical circumstances, this Court upheld the claims of the parties therein. 3. In W.P.(C) NO.30197/2011, the petitioner voluntarily retired from service as Associate Professor (Aquaculture), on 31.12.2006. Ext.P1 is the copy of the representation submitted for grant of benefits under the Career Advancement Promotion Scheme. 4. Heard learned Standing Counsel appearing for the first respondent WPC.30075 & 30197/2011 -2 University and learned Standing Counsel appearing for the second respondent University. 5. There is no dispute that the petitioners retired from service before the formation of the second respondent University. It is submitted by the learned Standing Counsel for the first respondent University that the Vice Chancellor will take an appropriate decision in the matter. The judgment, Ext.P3, was rendered by this Court, after considering the judgment in W.A.No.2363/2008. The Division Bench upheld the rights of the retirees. Paragraph 3 of Ext.P3 judgment is extracted below: “3. In paragraph 7 this Court held that “the petitioners retired from service only after they became entitled for the Career Advancement Promotion as evident from the dates on which they have completed eight years of service on 10.3.1099 and 31.8.1989 respectively”. It is pointed out that the juniors to the petitioners herein were granted the benefit with effect from 27.7.1998.” 6. In the light of the above, it is declared that the petitioners are entitled for the benefits under the Career Advancement Promotion Scheme with retrospective effect, as they retired after getting eligibility for the same. The proposals will have to be processed and an appropriate decision will be taken and communicated to the petitioners within a period of two months from the date of receipt of a copy of this judgment. Consequential monetary WPC.30075 & 30197/2011 -3 benefits will be disbursed to the petitioners within a further period of two months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/