SREEEDHARAN Vs. REGISTRAR

JUDGEMENT

(1.) The petitioner entered service of the Tavanur Rural Institute, for short the Institute, in the year 1969 as L. D. Clerk in the pay scale of Rs. 230-385. S.59 of the Kerala Agricultural University Act, 1971 (the Act) provided for the taking over of the Institute by the Kerala Agricultural University (the University) subject to such terms and conditions as might be agreed upon by the Government, the University and the Institute, for its maintenance thereafter by the University as one of its constituent units subject to those conditions. On 5th August, 1975 the Government issued G.O. MS. No. 139/75/H. Edn., Higher Education (E) Department, a true copy of which is Ext. P-1. Para.7(iii) of Ext. P-1 Government Order reads as follows: -

(2.) The writ petition is for the issue of a writ of certiorari quashing Exts. P-5 and P-7 to the extent they are against the employees of the erstwhile Institute as compared with the rest of the employees of the University, and for the issue of a writ of mandamus to the extent it denies to the petitioner the benefit of integration from 12th December, 1975, the date of transfer of the Institute to the University, and parity of pay scale with effect from 1st January, 1976 as ordered in Ext. P-6.

(3.) Sri M. M. Cherian, the counsel for the petitioner, submitted that the transfer of the selected employees of the Institute to the University having taken effect in terms of Exts. P-2 and P-3, there was no justification for not extending the benefit to the petitioner from 12th December, 1975 and 1st January, 1976 respectively. According to him the discriminatory treatments meted out to the petitioner and persons similarly placed, in and by Exts. P-5 and P-7 are violative of the fundamental rights for equal treatment guaranteed under Art.14 and 16 of the constitution.