STATE OF KERALA Vs. SASIKALA DEVI

JUDGEMENT

(1.) Assailing a common judgment dated 20.2.2008 in O.P. No. 38578/2002 and W.P.(C). No. 15190/2006 these appeals are preferred. Appellant is the first respondent State in both Writ Petitions. The first respondent in W.A. No. 1904/2008 is the petitioner in W.P.(C). No. 15190/06. Respondents 1 to 18 in the other appeal are the petitioners in O.P. No. 38578/02. The second respondent, University of Kerala, in W.A. No. 1904/08 is the second respondent in the Original Petition. The 19th respondent, M.G. University, in the other appeal is the 19th respondent in the Original Petition. Some of the writ petitioners entered in the service of the Calicut University and others in Agriculture University as Assistant Grade-II and they were got promoted as Assistant Grade-I and then as Senior Grade Assistants. While so, they sought for inter-University transfer. As per the existing Statutes, they are entitled to inter-University transfer on condition that they would be reverted back to the entry cadre and on transfer, they would take the rank below the junior-most Assistant Grade-II in the transferred University. However, their pay would be protected. Accordingly, on their applications for transfer, all of them were reverted back as Assistant Grade- II and transferred to the respective Universities. They took their rank below the junior-most Assistant Grade-II with protected salary. Later, in their turn, they were given promotions as Assistant Grade-I, Senior Grade Assistant, Selection Grade Assistant and Section Officers etc. The University granted fixation of their salary under Rule 28A of Part I K.S.R. on every promotion. Appellant objected granting fixation again on promotion as Assistant Grade-I and Senior Grade for the reason that they were already given two fixations before transfer. Orders were issued, vide Exts.P2 and P3 for recovery of the excess salary drawn by them. Assailing those orders, the Writ Petitions were preferred.

(2.) The appellant defended stating that since the writ petitioners had already got two fixations on their promotion as Assistant Grade-I and Senior Grade before their transfer, they are not entitled to a further fixation on their promotion in the transferred University as Assistant Grade-I and Senior Grade. Though, the learned Single Judge found that the writ petitioners had already enjoyed the benefit of fixation under Rule 28A before their transfer and that a further fixation is an anomaly in the matter in so far as the writ petitioners are really getting an undeserving benefit, stating that because of the statutory provisions that didn't prohibit granting of such benefits, the Writ Petitions were allowed. Now these appeals.

(3.) We heard the learned Government Pleader and the learned Counsel appearing for the contesting respondents.