IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27330 of 2006(C)
1. DR.G. MORLEY MOHANLAL,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE KERALA AGRICULTURAL UNIVERSITY
3. THE EXECUTIVE COMMITTEE,
4. THE DIRECTOR, INSTITUTE OF MANAGEMENT
5. DR.N. KUNJIKUTTY, PROFESSOR (RETD.)
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY.
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :06/02/2009
O R D E R
HARUN-UL-RASHID, J.
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W.P.(C) No. 27330 OF 2006
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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
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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
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