IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 18901 OF 2022
PETITIONER:
DR. K.DEVADA
(RETIRED PROFESSOR & HEAD), KERALA VETERINARY &
ANIMAL SCIENCES UNIVERSITY, POOKODU, LAKIDI P.O,
WYNAD RESIDING AT SYLAKESH, VIYUR P.O, TRISSUR.
BY ADVS.
P.V.JAYACHANDRAN
VENUGOPALAN MENON
RESPONDENTS:
1 THE KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY,
POOKODU, LAKIDI P.O, WYNAD REPRESENTED BY ITS
REGISTRAR, PIN - 673576
2 THE BOARD OF MANAGEMENT,
KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY,
POOKODU, LAKIDI P.O, WYNAD-673576 REPRESENTED BY
ITS VICE CHANCELLOR.
3 THE REGISTRAR,
KERALA VETERINARY & ANIMAL - SCIENCES UNIVERSITY,
POOKODU, LAKIDI P.O, WYNAD-673576.
4 THE COMPTROLLER,
KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY,
POOKODU, LAKIDI P.O, WYNAD-673576.
BY ADV Manu Govind
OTHER PRESENT:
SMT. PARVATHY .K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18901 OF 2022 2
JUDGMENT
The petitioner says that she has approached the 1 st respondent - University through Exts.P11 and P13 seeking that she be granted Higher Grade and for rectifying the anomalies in the pay fixation, which was lower than her immediate junior.
2. The petitioner alleges that, in spite of Ext.P11 having been preferred much before her retirement on 26.02.2020, followed up with Ext.P13 reminder on 11.07.2020, nothing has been done by the University; and that, in the meanwhile, she has retired, on attaining the age of superannuation. She alleges that the factum of retirement is now being used by the University to deny her eligible benefits; and thus prays that Ext.P14 order issued by them be set aside, because it merely says that she has now retired, but without adverting to the fact that her applications for benefits and rectification of anomalies were made at least two years earlier.
3. The afore submissions of Sri.P.V.Jayachandran - learned counsel for the petitioner, were answered by Sri.Manu Govind - learned Standing Counsel for the University, submitting that WP(C) NO. 18901 OF 2022 3 there is no legal impediment in consideration of Exts.P11 and P13 as per law, but added that provisions of Rule 28A Part I of Kerala Service Rules would have a role to play in this case, especially in the realm of rectification of anomalies. He explained that, under the ambit of this provision, if a junior officer draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the normal rules or any advance increment granted to him, the provision contained in this ruling should not be invoked to "step up" the pay of the senior officer. He, therefore, prayed that this aspect may also be allowed to be considered by the University, while the petitioner's claims are evaluated. He concluded his submissions asserting that, in fact, Ext.P14 is without error because when the petitioner has retired from service, the applicable provision of the "UGC Regulations" prohibits grant of any further benefit under the Career Advancement Scheme (CAS). He thus prayed that this writ petition be ordered on such terms.
4. I have evaluated the afore submissions and have also gone through the materials available on record. WP(C) NO. 18901 OF 2022 4
5. The question whether a senior is entitled to "step up" of scale/salary on account of an anomaly for any reason, including grant of advance increment to the latter has been considered by this Court and by the Hon'ble Supreme Court in several judgments, including in Gurucharan Singh Grewall v. Punjab State Electricity Board [2009 (3) SCC 94]; Director NIT Calicut and others v. Dr.Muraleedharan & Others [2020 SCC Kerala 1755] and The Registrar, Kerala Agricultural University v. Dr.Elizabeth K.Syriac [Writ Appeal No.154 of 2022]. Obviously, therefore, the University will have to act as per the declarations therein and I do not deem it necessary that I must tell them how to do so.
6. As far as Ext.P14 is concerned, I find favour with the submissions of Sri.P.V.Jayachandran that since the petitioner had made a request for her CAS promotion while she was in service, the delay caused by the University cannot be put against her to deny the eligible benefits.
In the afore circumstances, I order this writ petition and direct the competent Authority of the University to take up WP(C) NO. 18901 OF 2022 5 Exts.P11 and P13 representations of the petitioner and dispose of the same, in the light of the various precedents cited by the petitioner in substantiation of her plea, which she can also do when she is offered an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
The afore exercise shall be completed by the University dehors Ext.P14 and adverting to my observations above, as also the declarations of law covering the field.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/29.6 WP(C) NO. 18901 OF 2022 6 APPENDIX OF WP(C) 18901/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER G.O. (P) NO.58/2010/H.EDN DATED 27.3.2010 Exhibit P2 TRUE COPY OF THE PROCEEDING NO.KVASU/GA/A/1571/2014 (III) DATED 5.9.2014 OF THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE PAY SLIP NO.KVASU/AFO-
II/318/2011 DATED 11.11.2014 Exhibit P4 TRUE COPY OF THE PAY SLIP NO.
KVASU/FO/318/2011 DATED 22.07.2015 Exhibit P5 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 10.3.2016 BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO.KVASU/GA/A/1571/2014 (II) DATED 7.9.2017 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE PAY SLIPS NO.KVASU/FW/ AFO-II/318/2011 DATED 12.10.2017 Exhibit P8 TRUE COPY OF THE REMINDER OF THE PETITIONER DATED 10.10.2019 TO THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE PAY SLIP NO.KVASU/FO/318/2011 DATED 04.07.2018 Exhibit P10 TRUE COPY OF THE REVISED PAY SLIP KVASU/FW/AFO-II/207/2011 DATED 16.01.2020 Exhibit P11 TRUE COPY OF THE A REPRESENTATION OF THE PETITIONER DATED 26.02.2020 BEFORE THE 3RD RESPONDENT .
Exhibit P12 TRUE COPY OF THE LETTER NO.CVAS/MTY/E2/03/ 2020 DATED 24.12.2020 OF THE DEAN TO THE 3RD RESPONDENT Exhibit P13 TRUE COPY OF THE REQUEST DATED 11.07.2020 0F THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P14 TRUE COPY OF THE COMMUNICATION NO.KVASU/GA/A1/10937/2020 DATED 9.3.2022 BY THE 3RD RESPONDENT TO THE PETITIONER