IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37132 of 2009(J)
1. DR.P.RAJENDRAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE KERALA AGRICULTURAL UNIVERSITY,
3. THE REGISTRAR,
4. THE COMPTROLLER,
For Petitioner :SRI.P.V.JAYACHANDRAN
For Respondent :STANDING COUNSEL
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/11/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No. 37132, 37133 & 37187 OF 2009
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st
Dated this the 1 day of November, 2010
JUDGMENT
The reliefs prayed for in WP(C) No.37132 of
2010 are the following:
“a) Issue a Writ of Certiorari or appropriate
Writs, directions or orders calling for the
records leading up to Ext.P5 and quash Ext.P5
to the extent to which inducted the
petitioner to the post of Associate Professor
in Rs.3700-5700 scale with effect from
30.12.89 instead of 8.9.88 and Professor with
effect from 16.1.2001 instead of 8.9.96 or
with effect from 13.12.97;
b) Declare that the petitioner is legally
entitled to get the induction to the post of
Associate Professor in Rs.3700-5700 scale in
1986 UGC Scheme with effect from 8.9.88 and
career advancement promotion to the post of
Professor in Rs.16400-22400 scale in 1996 UGC
Scheme with effect from 8.9.96 or with effect
from 13.12.97;
c) Issue a Writ of Mandamus or appropriate writs
directions or orders directing the
respondents 3 and 4 to re-fix the salary of
the petitioner to the post of Associate
Professor in Rs.3700-5700 pay scale with
effect from 8.9.88 and to the post of
Professor in Rs.16400-22400 pay scale with
effect from 8.9.96 or with effect from
13.12.97 and disburse the consequential
arrears, and increments forthwith.”
W.P.(C).No. 37132,
37133 & 37187 OF 2009 2
2. Similar prayers are made in the other Writ
Petitions also.
3. The learned counsel for the petitioner
submitted that it is not necessary to consider
relief No.(a) at present. He submitted that in so
far as relief No.(b) is concerned, it is covered in
favour of the petitioners by the decision in WP(C)
No.6558 of 2008. It is also submitted by the
learned counsel for the petitioner that in Civil
Appeal No. 2540 of 2009 and connected cases, the
Supreme Court approved the view taken by the High
Court. In view of the judgment referred to above,
the petitioners would be entitled to the pay of
Rs.3700-5700/- with effect from the date of non
cadre promotion as Associate Professors. The
learned Standing Counsel appearing for the
University as well as the learned counsel for the
petitioner submitted that the second part of relief
No.(b) i.e, Career advancement promotion was
W.P.(C).No. 37132,
37133 & 37187 OF 2009 3
already granted to the petitioners with effect from
27.7.1998, 25.1.1998 and 3.2.2002 respectively.
The learned counsel for the petitioners submitted
that this submission made by the Standing Counsel
is correct. Accordingly, the Writ Petitions are
disposed of directing the respondents 2 to 4 to
grant salary to the petitioners in the pay scale of
Rs.3700-5700 from the date of their non cadre
promotion as Associate Professors. Consequential
orders shall be passed and arrears of salary shall
be paid within two months.
K.T.SANKARAN,
JUDGE
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