Sivadasan M vs Kerala Agricultural University
2026 Latest Caselaw 2116 Ker

Kerala High Court

Sivadasan M vs Kerala Agricultural University on 26 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2026:KER:16695

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 26TH DAY OF FEBRUARY 2026/7TH PHALGUNA, 1947

                    WP(C) NO. 28372 OF 2024

PETITIONER:

         SIVADASAN M.,
         AGED 52 YEARS,
         ELAYATHUPARAMBIL HOUSE,
         PULLAZHI P.O,
         OLARIKKARA,
         PRESENTLY WORKING AS VEHICLE SUPERVISOR LDV,
         KERALA AGRICULTURAL UNIVERSITY HEAD QUARTERS,
         VELLAYINIKARA, THRISSUR, PIN - 680012

         BY ADVS.
         SRI.LEGITH T.KOTTAKKAL
         SRI.P.R.BANERJI
         SHRI.SAVIO BINOY CORREYA


RESPONDENTS:

    1    KERALA AGRICULTURAL UNIVERSITY,
         VELLAYINIKKARA, TRISSUR,
         KAU PO PIN 680656,
         REPRESENTED BY ITS REGISTRAR

    2    STATE OF KERALA,
         GENERAL ADMINISTRATION DEPARTMENT,
         THIRUVANANTHAPURAM, REPRESENTED BY CHIEF
         SECRETARY, PIN - 695001

    3    FINANCE DEPARTMENT,
         GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
         THIRUVANTHAPURAM,
         REPRESENTED BY ITS SECRETARY, PIN - 695001
                                              2026:KER:16695
W.P.(C) No.28372/2024
                             :2:

    4      AGRICULTURAL DEVELOPMENT AND FARMERS
           WELFARE DEPARTMENT,
           VIKAS BHAVAN, THIRUVANANTHAPURAM,
           KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           PIN - 695033.

           BY ADV.
           SRI.M.V.ANANDAN, SC
           SRI.PREMCHAND R NAIR, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.02.2026, THE COURT ON 26.02.2026 DELIVERED THE
FOLLOWING:
                                                                 2026:KER:16695
W.P.(C) No.28372/2024
                                       :3:




                            N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.28372 of 2024

           `````````````````````````````````````````````````````````````
              Dated this the 26th day of February, 2026


                             JUDGMENT

~~~~~~~~~

The grievance of the petitioner is that though he is

promoted to a Higher Grade post, it is without any monetary

benefits. The petitioner seeks to direct the respondents to fix

higher pay scale to the post of Vehicle Supervisor (LDV)

higher than that of Selection Grade (LDV) and grant all

consequential benefits including arrears of salary from the date

of promotion to the petitioner.

2. The petitioner states that he entered service

under the 1st respondent-Kerala Agricultural University on

21.06.2010 as Driver (LDV). He was promoted as Vehicle

Supervisor (LDV) on 07.08.2020. In the 1st respondent-

2026:KER:16695

University, the Grades prescribed for Driver (LDV) are

(a) Driver Grade-II (LDV), (b) Driver Grade-I (LDV), (c) Driver

Senior Grade (LDV) and (d) Driver Selection Grade (LDV).

The next promotion post is Vehicle Supervisor (LDV).

3. When the 9th Pay Revision was effected, the

post of Vehicle Supervisor (LDV) was abolished with a

condition that the post of Vehicle Supervisor will be retained

for those who entered into the service of the 1st respondent

before 01.02.2011.

4. While implementing the recommendations of

the 9th Pay Revision, certain anomalies arose. The 1st

respondent issued Ext.P1 order dated 17.02.2014 to rectify the

anomalies. In order to rectify the anomalies, Drivers (LDV)

were classified as "Drivers joined service before 01.02.2011"

and "Driver joined service after 01.02.2011". The post of

Vehicle Supervisor was retained only to those persons who

entered service before 01.02.2011. The petitioner was

promoted as Vehicle Supervisor (LDV) in the year 2020.

2026:KER:16695

5. On implementing the 9th Pay Revision, the

pay scales of Selection Grade (LDV) and Vehicle Supervisor

(LDV) were merged though Vehicle Supervisor is a superior /

promotion post. The salary of Driver Selection Grade (LDV)

was in the scale ₹7,990-12,930 and the pay scale of Vehicle

Supervisor (LDV) was ₹8,390-13,270. On implementation of

Pay Revision 2009, the pay scales of both the posts were

revised to ₹14,620-25,280. The anomaly was carried on in the

10th Pay Revision also.

6. The petitioner states that in the branch of

Heavy Duty Vehicles, the Vehicle Supervisor (HDV) is drawing

a higher pay than Driver Selection Grade (HDV). Therefore,

the pay scale of Vehicle Supervisor (LDV) should be revised

and enhanced. The University noted the anomaly and

addressed a letter to the 4th respondent-Agricultural

Development and Farmers Welfare Department, Kerala

requiring to rectify the anomaly. No action was taken thereon

in spite of repeated requests made by the petitioner.

2026:KER:16695

7. The petitioner later came to know that

proposal made by the University was rejected by the 4th

respondent as per Ext.P12 letter dated 09.08.2023. The

petitioner states that non-granting of higher pay for the

promoted post of Vehicle Supervisor (LDV) is illegal and

arbitrary. Promotion means advancement or preferment in

honour, dignity, rank and/or grade. The Government failed to

consider the request of the University to rectify the anomaly.

Therefore, the 1st respondent is compellable to grant higher

pay scale to the petitioner as that of the Vehicle Supervisor

(HDV) , contends the petitioner.

8. The 1st respondent filed counter affidavit. The

1st respondent stated that in the 9th and subsequent Pay

Revision orders, the Government has been allowing same

scale of pay to the posts of Vehicle Supervisor (LDV) and

Driver Selection Grade (LDV) of the Kerala Agricultural

University and hence the University can allow the pay scale

specified in the Pay Revision Order. The University does not 2026:KER:16695

have any right to enhance a pay scale on its own. If the

Government decides to allow higher pay scale to the post of

Vehicle Supervisor (LDV) and issue such an order, the same

will be complied with by KAU.

9. The 1st respondent submitted that as per the

letter No. GA/J1/4541/2022 dated 02.08.2022 (Ext.P11), the

University has represented the anomalies pointed out by

individual employees and various service organizations to the

Government, crept in the 9th, 10th and 11th Pay Revision orders

pertaining to different categories. As per the 13 th point in this

letter, the University requested the Government to sanction

higher pay scale to Vehicle Supervisor (LDV) post. But, the

Government has rejected such request and did not even

mentioned the proposal in the reply Letter No.

AF2/246/2022/AGRI dated 09.08.2023 (Ext.P12).

10. It is the Government, which decides the

revision of pay and allowances of staff of Government

Institutions including Universities. Being a Government aided 2026:KER:16695

Institution, University is duty bound to obey the Government

orders regarding pay and allowances of employees. University

has no other role in the decision making regarding the revision

of pay and allowances of staff. The University is in no position

to sanction a pay scale to its employees contrary to that of the

Government pay revision order.

11. The 3rd respondent-Under Secretary

(Finance), Government of Kerala filed counter affidavit and

resisted the writ petition. The 3rd respondent stated that IX Pay

Revision Commission made an attempt to unify the scales of

pay of identical posts in different Universities in Kerala

commensurate with those in other Government Departments

and Government Secretariat. As part of the above exercise,

the Commission recommended to place certain posts in the

corresponding revised scales with eligible ratio promotion and

Time Bound Higher Grade as applicable to Government

Service to discontinue the practice of granting ratio promotion

etc. in excess of what is prevailing in the State Government 2026:KER:16695

service and to abolish certain posts in the Universities. By G.O.

(P) No.86/2011/Fin. dated 26.02.2011, Government issued

pay revision order of University employees accepting the

recommendations of the Commission. But the said decision of

the Government to abolish the excess posts was challenged in

a batch of writ petitions before this Court.

12. This Court in its judgment dated 21.08.2014

in W.P.(C) Nos.14045, 17693, 20097, 22908, 23102, 24424

and 25160 of 2012 and 2239 of 2013 and 1290 of 2014 set

aside the 9th Pay Revision Order to the extent it abolished the

posts in question / unified the scales of pay on identical posts

in the University with those in Secretariat. The respondents

were directed to fill up the vacancies in the posts concerned in

accordance with the Statute and consider the claim of the

petitioners for promotion to such posts.

13. Though Government preferred appeal against

the said judgment, as per the common judgment dated

08.12.2015 in the Writ Appeal Nos.692 of 2015, 787 of 2015, 2026:KER:16695

etc., this Court ordered that in respect of the posts which are

covered by the Statutes/Ordinance/Syndicate decision of the

University concerned, its abolition can only be based on

amendment to the Statutes/Ordinance/Syndicate decisions.

Hence, based on this judgment, the Kerala Agricultural

University issued Order No.GA/J1/4562/2014 dated

19.12.2016 reinstating all the posts and the benefits which

were abolished by the 9th Pay Revision Order, in respect of

employees who entered and continuing in a cadre in Kerala

Agricultural University service before 01.02.2011. It was also

ordered that the employees who entered in service on or after

01.02.2011 are entitled for benefits as stipulated in 9 th and 10th

Pay Revision orders only.

14. As part of unifying the scales of pay of

identical posts in different Universities with those in other

Government Departments, the 9th Pay Revision Commission

recommended to place the post of Driver Selection Grade

(LDV) in the revised scale of pay corresponding to ₹8,390- 2026:KER:16695

13,270, giving one level hike. Hence, the post was placed in

the scale of pay of ₹14,620 - 25,280 in 9th Pay Revision Order.

But the Commission recommended to abolish the post of

Vehicle Supervisor (LDV), which is the promotion post of

Driver Selection Grade (LDV) and to grant personal scale to

the incumbents in that post in the revised scale of pay

corresponding to ₹8,390-13,270. Hence, the incumbent in that

post was granted the personal scale of pay ₹14,620 - 25,280

in 9th Pay Revision.

15. In the subsequent pay revisions also,

incumbents in the post of Vehicle Supervisor (LDV) have been

granted the same scale of pay as that of Driver Selection

Grade (LDV). But, the 9th Pay Commission recommended to

place the post of Vehicle Supervisor (HDV) in the revised scale

of pay corresponding to ₹9,590-16,650. Thus, the post was

placed in the scale of pay of ₹16,980-31,360. Prior to 9 th Pay

Revision also. Vehicle Supervisor (HDV) was placed in a

higher scale of pay than that of Vehicle Supervisor (LDV).

2026:KER:16695

16. It is submitted that, Government revised the

pay and allowances of the employees based on the specific

recommendation of the Pay Revision Commissions appointed

for the purpose. The Commission recommends specific scale

of pay for each category of post after taking into account the

prescribed minimum qualification, nature of duties and

responsibilities and prospects of promotion etc. Neither 9 th nor

the subsequent Pay Revision Commissions have

recommended any hike in the scale of pay attached to the post

of Vehicle Supervisor (LDV) in Kerala Agricultural University.

The Commission recommended only normal hike to the post

and thus, the scale of pay of the post was revised to ₹39,300-

83,000 in the XI pay revision.

17. Since the posts of Vehicle Supervisor (HDV),

Vehicle Supervisor (LDV) does not exist in Mahatma Gandhi

University, the XI Pay Revision Commission recommended to

exclude the said posts from the schedule of the University and

the Government issued the XI Pay Revision Order of the 2026:KER:16695

University employees (G.O.(P) No.21/2022/Fin. dated

18.02.2022) excluding the posts from the schedule of the

University.

18. In KSR and in the Pay Revision Order, there

is enough provision for fixation of pay on promotion to the

posts carrying the same scale of pay. As per paragraph 31 of

G.O.(P) No.21/2022/Fin dated 18.02.2022 (11 th Pay Revision

Order of University employees), where promotion posts

happen to have the same scale of pay as the feeder category

posts, one advance increment will be granted to the promotee.

Thus, an incumbent on getting promotion as Vehicle

Supervisor (LDV) in the scale of pay of ₹39,300 - 83,000 from

the post of Driver Selection Grade (LDV) carrying the same

scale, is eligible for one advance increment.

19. I have heard heard the learned counsel for

the petitioner and the learned Standing Counsel representing

respondents 1 and 2. I have also heard the learned Senior

Government Pleader representing respondents 3 and 4.

2026:KER:16695

20. The petitioner was appointed as Driver

Grade-II (LDV) on 21.06.2010. He was promoted as Vehicle

Supervisor (LDV) on 07.08.2020. There are two streams of

Drivers under the 1st respondent-University. Drivers (LDV)

and Drivers (HDV). The grades/posts in the cadre of Drivers

(LDV) were as follows:

         (a)       Driver Grade-II (LDV)

         (b)       Driver Grade-I (LDV)

         (c)       Driver Senior Grade (LDV)

         (d)       Driver Selection Grade (LDV)

         (e)      One post of Vehicle Supervisor (LDV)

Similar posts/grades existed in the cadre of Drivers (HDV)

also.

21. Consequent to the implementation of 9th Pay

Revision, the post of Vehicle Supervisor (LDV) was abolished

on condition that the post will be retained for those who

entered in service of the 1st respondent before 01.02.2011.

The petitioner entered service before 01.02.2011. Therefore, 2026:KER:16695

the petitioner was promoted as Vehicle Supervisor (LDV) on

07.08.2020.

22. But, to the predicament of the petitioner, on

promotion to the post of Vehicle Supervisor (LDV), the

petitioner was not placed in a higher pay scale. This was for

the reason that during the Pay Revision 2009, Vehicle

Supervisor (LDV) and Driver Selection Grade (LDV) were

sanctioned the same pay scale. The pay scales of Vehicle

Supervisor (LDV) and Driver Selection Grade (LDV)

consequent to Pay Revision, 2004 and Pay Revision, 2009 are

as follows:

Post Pay Revision 2004 Pay Revision 2009

Vehicle Supervisor (LDV) 8390-13270 14620-25280

Driver Selection Grade (LDV) 7990-12930 14620-25280

It is therefore evident that there is an obvious anomaly which

was carried forward in 10th Pay Revision also.

23. The 1st respondent-University has admitted

the anomaly and made requests to the Government to rectify 2026:KER:16695

the anomaly. The Government has not cared to do so.

Respondents 3 and 4 would assert that neither the 9 th Pay

Revision Commission nor the 10th Pay Revision Commission

has recommended any hike in the scale of pay attached to the

post of Vehicle Supervisor (LDV) in the Kerala Agricultural

University. Respondents 3 and 4 would further submit that

since the posts of Vehicle Supervisor do not exist in Mahatma

Gandhi University, the 11th Pay Revision Commission

recommended to exclude the said posts from the Schedule of

the University and consequently, 11 th Pay Revision also

excluded Vehicle Supervisors. Respondents 3 and 4

submitted that where promotion posts happened to have the

same scale of pay as the feeder category posts, one advance

increment can be granted to the promoters.

24. The contention of respondents 3 and 4 is

legally unacceptable. There is obviously an anomaly

inasmuch as the feeder category of Driver Special Grade

(LDV) and Vehicle Supervisor (LDV) holds the same scale of 2026:KER:16695

pay on implementation of 9 th Pay Revision. The post of

Vehicle Supervisor (LDV) has higher duties and

responsibilities. Therefore, the post should necessarily have a

higher pay scale. In fact, Vehicle Supervisor (HDV) has been

granted a higher pay scale. Respondents 3 and 4 therefore

cannot take a stand that since the Pay Revision Commission

did not recommend a higher pay scale, the respondents are

not bound to give a higher pay scale to the Vehicle Supervisor

(LDV). This is especially so when the anomaly is protruding

and is admitted. The anomaly is not one which can be

rectified by giving one increment in the same pay scale, as that

would be discriminating vis-a-vis Vehicle Supervisor (HDV).

25. One must keep in mind that the anomaly

arose from the decision of the authorities to abolish the post of

Vehicle Supervisor and at the same time to retain the post of

Vehicle Supervisor only for those who have entered service

before 01.02.2011. Going by the decision, the cadre of

Vehicle Supervisor (LDV) is a vanishing specie. On a pointed 2026:KER:16695

question, the Standing Counsel for the University submitted

that the petitioner is the only employee now working as Vehicle

Supervisor (LDV) and there is no other employee who joined

service prior to 01.02.2011 who is eligible to be promoted as

Vehicle Supervisor (LDV).

26. If that be so, any decision that may be taken

by the respondents for giving a higher pay scale to the

petitioner will practically have only trivial financial

consequences. At the same time, grant of a higher pay scale

to the only employee who is working as Vehicle Supervisor

(LDV) would do justice to the employee who is working under

the University for the last nearly 16 years.

In view of the fact that the cadre of Vehicle

Supervisor (LDV) is a vanishing cadre and taking into

consideration the fact that the petitioner will be the last

employee who will be holding that post under the 1st

respondent-University, the writ petition is disposed of declaring

that the petitioner is entitled to a higher pay scale with effect 2026:KER:16695

from the date of implementation of the Pay Revision 2009.

Respondents 3 and 4 are directed to take a decision revising

the pay scale of the petitioner in order to rectify the anomaly

and pass appropriate orders within a period of six months.

Sd/-

N. NAGARESH, JUDGE aks/23.02.2026 2026:KER:16695

APPENDIX OF WP(C) NO. 28372 OF 2024

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE ORDER NO. BG/A2/1911/2011 DATED 17-02-2014 ISSUED BY THE 1ST RESPONDENT Exhibit P2 COPY OF THE ORDER GA/J1/4562/2014 DATED 19-12-2016 ISSUED BY THE 1ST RESPONDENT Exhibit P3 COPY OF RELEVANT EXTRACT OF THE G.O (P) NO. 86/2011/FIN DATED 26-02-2011 ISSUED BY THE FINANCE DEPARTMENT WITH RESPECT TO 1ST RESPONDENT Exhibit P4 TRUE COPY OF LETTER NO. GA/B3/5636/2017 DATED 26-02-2018 Exhibit P5 E TRUE COPY OF THE ORDER NO GA/B3/5223/2020 DATED 07-08-2020 Exhibit P6 COPY OF THE REPRESENTATION DATED 23-10- 2020 SUBMITTED BY THE PETITIONER Exhibit P7 COPY OF THE REPRESENTATIONS DATED 13- 07-2021 & 16-09-2022 Exhibit P8 COPY OF THE REPRESENTATIONS DATED 16- 09-2022 Exhibit P9 COPY OF THE LETTER NO. GA/J1/15818/2022 DATED 06-10-2022 Exhibit P10 E COPY OF RELEVANT EXTRACT OF THE G.O (P) NO. 86/2011/FIN DATED 26-02-2011 ISSUED BY THE FINANCE DEPARTMENT WITH RESPECT TO MAHATMA GANDHI UNIVERSITY Exhibit P11 COPY OF THE LETTER NO. GA/J1/4541/2022 DATED 02-08-2022 ISSUED BY 1ST RESPONDENT TO THE 4TH RESPONDENT Exhibit P12 COPY OF THE LETTER NO.

                        AF2/246/2022/AGRI      DATED    09-08-2023
                        ISSUED BY THE 4TH RESPONDENT TO THE 1ST
                        RESPONDENT
Exhibit P13             COPY OF THE COUNTER AFFIDAVIT FILED BY
                        THE 1ST RESPONDENT IN WPC 3073 OF 2024
Exhibit P14             COPY OF THE JUDGMENT DATED 05-07- 2024
                        IN WPC 3073 OF 2024 OF HIGH COURT OF
                        KERALA.