Dr. K.Devada vs The Kerala Veterinary & Animal ...
2022 Latest Caselaw 7901 Ker

              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

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.

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

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

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