Navin N vs State Of Kerala
2024 Latest Caselaw 12482 Ker

Kerala High Court

Navin N vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                   WP(C) NO. 13273 OF 2017
PETITIONERS:

    1    NAVIN N.
         ASSISTANT SECTION OFFICER, FINANCE-1, SECTION,
         MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM-
         686562, RESIDING AT 'VAISHNAV',MENAMPALLY,
         PATHIYOOR P.O, ALAPPUZHA DISTRICT., PIN-690508
    2    MAHESH N
         ASSISTANT SECTION OFFICER, FINANCE-IV SECTION,
         MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM-
         686562, RESIDING AT ALUMOOTTIL, PRAYAR NORTH,
         PRAYAR P O, OACHIRA VIA, ALAPPUZHA DISTRICT,
         PIN-690547.
         BY ADV SRI.PIRAPPANCODE V.S.SUDHIR


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2    MAHATMA GANDHI UNIVERSITY
         REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS,
         KOTTAYAM-686560.
    3    VICE CHANCELLOR
         MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
         KOTTAYAM-686560.
         BY ADV SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
         SRI.V.K.SUNIL, SR.GP, SRI.SURIN GEORGE IPE, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.13273/2017
                               ..2..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.13273 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                          JUDGMENT

The above writ petition is filed with following

prayers:

"i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P13 and quash the same.

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to refix the pay of the petitioners or for that matter recover from them any excess pay drawn by them, following the double fixation, till a final decision is rendered by the Hon'ble Supreme Court in Appeal Civil Nos.8716/2012 and 8717/2012.

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to forthwith release them also the benefit of 2014 Pay Revision, likewise extended to similarly placed Transferred Employees, from other Universities and again the beneficiaries of the double fixation.

iv) Declare that the petitioners pay alone cannot be refixed and further from them no recovery can be effected, following the existence of Ext.P4 interim order of the Hon'ble Supreme Court. and

v)grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition (Civil)."(sic)

..3..

2. The main prayer in this writ petition is against

Ext.P13. The petitioners, who originally entered service

as Assistants Grade II, later redesignated as Assistants in

the Cochin University of Science and Technology.

Thereafter, the petitioners were appointed in the 2 nd

respondent University as Assistants under the Inter

University Transfer Scheme. Though they joined in the

Tranferee University as the junior most, the last pay

drawn by them in the Parent University was protected

and despite their pay on promotion in the former

University was fixed in terms of Rule 28A of Part I KSR, it

is also submitted that they were given a further fixation

when promoted in the Transferee University resulting in

double fixation in the post of Senior Grade Assistant.

Similar double fixation benefits were given to around 100

employees before and following the complaints from the

Accountant General, Syndicate of the 2nd respondent

University resolved to review and refix the pay of the

Inter University Transferees and to again recover from

..4..

them the excess pay drawn is the submission.

3. Accordingly, Ext.P2 order dated 27.11.2002 was

issued to implement the above decision of the Syndicate.

This was challenged by some of the employees before this

Court by filing O.P.No.38578/2002. Though the learned

Single Judge allowed the Original Petition, holding that

statutory provision does not prohibit granting such

benefits, the Division Bench of this Court by Ext.P3

judgment interfered with the judgment of the learned

Single Judge and consequently, dismissed the writ

petition. Ext.P3 was challenged before the Apex Court

and by Ext.P4 interim order further steps for recovery of

the monetary benefits granted to the Inter University

Transferred employees were stayed. The interim order of

the Hon'ble Supreme Court continues to be in force is the

submission. Grievance of the petitioners is that the 2 nd

respondent University is now taking steps to refix the pay

and also to recover from them the excess pay alleged to

have drawn, from them and three others alone. All other

..5..

employees, similarly placed and further retired from

service have been spared with both refixation and

recovery, because of the pendency of the appeal before

the Supreme Court. Hence this petition.

4. Heard the learned counsel for the petitioners,

the learned Government Pleader and the learned counsel

appearing for the University.

5. Today, when the matter came up for

consideration, the learned Government Pleader submitted

that the appeal is already dismissed by the Apex Court. If

that is the case, the contention of the petitioners will not

stand.

In the light of the dismissal of the appeal, no further

orders can be passed in this case. This writ petition is

thus dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR

..6..

APPENDIX OF WP(C) 13273/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.69/A1/2009/ADMN DTD 3/1/2009 OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.A6.A1-1-16/2001 DTD 27/11/2002 OF THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DTD 23/6/2010 OF THIS HON'BLE COURT IN WA NO.1975/2008. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DTD 10/12/2010 IN CC NO.18350/2010 OF THE HON'BLE SUPREME COURT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO 2086/A VIII/2014/ADMN DTD 26/4/2014 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SRI BABU K THOMAS, ASSISTANT SECTION OFFICER.

EXHIBIT P6 TRUE COPY OF THE ORDER NO 2091/A VIII/2015/ADMN.DTD 9/4/2015 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SRI.M.N.MURALEEDHARAN, SECTION OFFICER. EXHIBIT P7 TRUE COPY OF THE ORDER NO.3100/A VIII/2016/ADMN DTD 3/6/2016 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS FO SRI.VIJAYAN T C, SECTION OFFICER EXHIBIT P8 TRUE COPY OF THE ORDER NO.3754/A1/2011/ADMN.DTD 18/7/2011 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SMT.OMANA K K, SECTION OFFICER EXHIBIT P9 TRUE COPY OF THE ORDER NO 4049/A1/2011/ADMN.DTD 22/7/2011 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SRI.KUNJUMUHAMMED T.S., SENIOR GRADE TYPIST.

EXHIBIT P10 TRUE COPY OF THE ORDER NO.4873/A1/2/2011/ADMN.DTD 3/9/2011 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SRI. B.L.JOSEPH, SECTION OFFICER.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.2528/A8/2012/ADMN.DTD 25/5/2012 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SRI.SEBASTIAN ANTONY,SECTION OFFICER.

EXHIBIT P12 TRUE COPY OF THE ORDER NO.5264/A8/2013/ADMN.DTD 27/9/2013 OF THE 2ND RESPONDENT GRANTING RETIREMENT BENEFITS TO SMT.SUMA P K, ASSISTANT SECTION OFFICER.

..7..

EXHIBIT P13 TRUE COPY OF THE ORDER NO.492/A1/3/2017/ADMN DTD 27/1/2017 OF THE 2ND RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE ORDER NO.2787/A1/3/2016/ADMN DTD 18/5/2016 OF THE 2ND RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE ORDER NO.4386/A1/3/2016/ADMN.DTD 8/8/2016 OF THE 2ND RESPONDENT EXHIBIT P16 TRUE COPY OF THE ORDER NO.4575/A1/3/2016/ADMN.DTD 18/8/2016 OF THE 2ND RESPONDENT.

EXHIBIT P17 TRUE COY OF THE LETTER DTD 17/8/2016 OF THE IST PETITIONER ADDRESSED TO THE PUBLIC INFORMATION OFFICER, M.G.UNIVERSITY. EXHIBIT P18 TRUE COPY OF THE LETTER NO.AD.A1/4/RTI/395/2016 DTD 8/9/2016 OF THE PUBLIC INFORMATION OFFICER, M.G. UNIVERSITY TO THE IST PETITIONER.