IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 27330 of 2006(C) -------------------------- PETITIONER: --------------- DR.G. MORLEY MOHANLAL, S/O.LATE M. GEORGE, AGED 63 YEARS, T.C.NO.4/1511, KOWDIAR, TRIVANDRUM-3, (ASSOCIATE PROFESSOR (RETD.) INSTITUTE OF MANAGEENT IN GOVERNMENT, BARTON HILL, TRIVANDRUM.) BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, TRIVANDRUM. 2. THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR AT VELLANIKKARA THRISSUR-680 654. 3. THE EXECUTIVE COMMITTEE, REPRESENTED BY ITS SECRETARY, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680 654. 4. THE DIRECTOR, INSTITUTE OF MANAGEMENT IN GOVERNMENT, BARTON HILL, TRIVANDRUM. 5. DR.N. KUNJIKUTTY, PROFESSOR (RETD.) RESIDING AT `THULASI', P.O. OLLURKKARA, THRISSUR DISTRICT. R1 AND R4 BY GOVERMENT PLEADER SMT. T.B. RAMANI R2 AND R3 BY ADV. MRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY R5 BY ADV. MS. LATHA PRABHAKARAN MR. K.M.JAMALUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 27330 OF 2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE PROCEEDINGS NO. GA (1)/5175/77 (V) OF THE UNIVERSITY EXHIBIT P2 : TRUE COPY OF THE REQUEST OF THE 4TH RESPONDENT EXHIBIT P3 : TRUE COPY OF THE PROCEEDINGS NO. E2-4649/82 OF THE UNIVERSITY EXHIBIT P4 : TRUE COPY OF THE PROCEEDINGS NO. UGC CELL (1) 26429/91 OF THE UNIVERSITY EXHIBIT P5 : TRUE COPY OF THE PROCEEDINGS NO. UGC CELL (1)/18359/91 (V) OF THE UNIVERSITY EXHIBIT P5(a) : TRUE COPY OF THE PROCEEDINGS NO. UGC CELL (1)/18359/91 (V) OF THE UNIVERSITY EXHIBIT P6 : TRUE COPY OF THE CRICULAR NO. GA/K1/35052/89 OF THE 2ND REESPONDENT EXHIBIT P7 : TRUE COPY OF THE PROFORMA EXHIBIT P8 : TRUE COPY OF THE ORDER NO. G A/D1/4546/L.Dis/86 OF THE 2ND RESPONDENT EXHIBIT P9 : TRUE COPY OF THE REPRESENTATION OF THE PETITIONER EXHIBIT P10: TRUE COPY OF THE ORDER NO. GA/C2/23346/99 OF THE 2ND RESPONDENT EXHIBIT P11 : TRUE COPY OF THE ORDER NO. GA/C2/7934/2001 OF THE 2ND RESPONDENT EXHIBIT P12 : TRUE COPY OF THE ORDER NO. GA/C2/8089/2001 OF THE 2ND RESPONDENT EXHIBIT P13 : TRUE COPY OF THE REPRESENTATION OF THE PETITIONER EXHIBIT P14 : TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 29929/2004-K EXHIBIT P15 : TRUE COPY OF THE RESOLUTION OF THE EXE. COMMITTEE EXHIBIT P16 : TRUE COPY OF THE LETTER FROM THE UNIVERSITY EXHIBIT P17 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 115/2006-L EXHIBIT P18 : TRUE COPY OF THE ORDER NO. 9989/AF2/05/AD OF THE GOVERNMENT EXHIBIT P19 : TRUE COPY OF THE ORDER NO. GA/C2/32840/98 OF UTY. EXHIBIT P20 : TRUE COPY OF THE JUDGMENT IN O.P. NO. 19/1999-B 2. EXHIBIT P21 : TRUE COPY OF THE ORDER NO. UGC CELL (1)/26429/91 OF THE UNIVERSITY EXHIBIT P22 : TRUE COPY OF THE G.O. (MS) NO. 198/200/AD OF THE GOVERNMENT EXHIBIT P23 : TRUE COPY OF THE ORDER NO. ES (1) 8249/83/FAW OF THE UNIVERSITY EXHIBIT P24 : TRUE COPY OF THE ORDER NO. GA/C1/37769/04 OF THE UNIVERSITY EXHIBIT P25 : TRUE COPY OF THE LETTER NO. GA/C1/37769/04 -DO- EXHIBIT P26 : TRUE COPY OF THE JUDGMENT IN O.P NO. 5006/2003 EXHIBIT P27 : TRUE COPY OF THE JUDGMENT IN O.P NO. 4691/2000 EXHIBIT P28 : TRUE COPY OF THE JUDGMENT IN O.P 4596/1982 – L EXHIBIT P29 : TRUE COPY OF THE SERVICE DETAILS OF THE PETITIONER EXHIBIT P30 : TRUE COPY OF THE BRIEFS OF THE BOOK REVIEW EXHIBIT P30(a) : TRUE COPY OF THE -DO- -DO- EXHIBIT P31 : TRUE COPY OF THE UNIVERSITY EXHIBIT P31(a) : TRUE COPY OF THE LETTER OF THE PETITIONER EXHIBIT P31(b) : TRUE COPY OF THE LETTER OF THE UNIVERSITY EXHIBIT P32 : TRUE COPY OF THE EXTRACTS OF THE MINUTES EXHIBIT P33 : TRUE COPY OF THE MINUTES OF THE ANOMALY REDRESSAL COMMITTEE EXHIBIT P34 : TRUE COPY OF THE PROFORMA EXHIBIT P35 : TRUE COPY OF THE ORDER NO. GA/C2/23346/99(312) OF THE UNIVERSITY EXHIBIT P36 : TRUE COPY OF THE ORDER NO. GA/CA/23850/84(1) OF THE UNIVERSITY EXHIBIT P36(a) : TRUE COPY OF THE ORDER NO. GA/C1/42513/92 OF THE UNIVERSITY EXHIBIT P36(b) : TRUE COPY OF THE ORDER NO. GA/C1/11037/93 OF THE UNIVERSITY EXHIBIT P36(c) : TRUE COPY OF THE ORDER NO. GA/C2/23346/99(III) OF THE UNIVERSITY EXHIBIT P37 : TRUE COPY OF THE LETTER NO. GA/C1/37769/04 OF THE UNIVERSITY 3. EXHIBIT P38 : TRUE COPY OF THE LETTER NO. GA/C1/37769/04(II) OF THE UNIVERSITY EXHIBIT P39 : TRUE COPY OF THE CONFIDENTIAL NOTE EXHIBIT 40 : TRUE COPY OF THE LETTER NO. 34007/PU-B1/08/FIN OF THE GOVERNMENT /TRUE COPY/ P.A. TO JUDGE HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 27330 OF 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of February, 2009 JUDGMENT It is submitted that the petitioner is a qualified professor. According to him, his juniors in the cadre of associate professor were promoted as professors from 1984 and they were inducted in the U.G.C. Scheme with effect from 1.1.1986. Denial of the said benefits is arbitrary and illegal. Exhibit.P13 is the request submitted by the petitioner before the university stating the facts. It is stated in Exhibit.P13 that it is unfortunate that petitioner did not get due promotion in the Kerala Agricultural University and requested university authorities to extend the benefit of promotion to him granted to the university teachers as per the decision of the executive committee and relevant orders of the university. 2. The petitioner during the pendency of this original petition filed I.A. 1494 of 2009. In the affidavit, it is stated that Principal Secretary (Finance) has addressed the Comptroller of Kerala Agricultural University vide Exhibit.P40 letter dated 24.9.2008 that as the placement granted under U.G.C. Scheme does not involve change of duty, the arrears of salary can be granted with effect from the due date of promotion without considering the date of order of assumption of WPC No. 27330 of 2006 : 2 : charge. Exhibit.40 order also made it clear that there is no restriction to give the benefit of career advancement promotion with retrospective effect. 3. In the light of Exhibit.P40 communication issued by the Government, it is submitted that the matter requires reconsideration at the hands of second respondent. In the circumstances, this Court direct the second respondent to consider and pass orders on Exhibit.P13 representation taking into account Exhibit.40 communication within a period of 3 months from today. The petitioner shall produce copy of the judgment and copy of the writ petition within one month from today. The writ petition is disposed of accordingly. (HARUN-UL-RASHID, JUDGE) KMD WPC No. 27330 of 2006 : 3 :