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Dr.P.Rajendran vs The State Of Kerala on 1 November, 2010

Kerala High Court
Dr.P.Rajendran vs The State Of Kerala on 1 November, 2010
       

  

  

 
 
  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.
     -----------------------------------------
     W.P.(C).No. 37132, 37133 & 37187 OF 2009
     -----------------------------------------
                       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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