KERALA AGRICULTURAL UNIVERSITY, Vs. ELIZABETH K. SYRIAC,

JUDGEMENT

(1.) The Registrar, Kerala Agricultural University and other officials, respondents 1 to 3 in WP(C)No.26611 of 2011 and who were also the review petitioners in RP No.116 of 2021 are the appellants before us. The writ petitioner, the respondent herein was appointed to the post of Junior Assistant Professor in the Kerala Agricultural University ('University' for short) on 2/12/1983 and was promoted as Assistant professor with effect from 23/2/1989. The petitioner acquired Ph.D on 7/11/1998. The Government of Kerala by its order G.O.(P) N.176/90/AD dtd. 25/6/1991 introduced the scheme of the University Grants Commission (for short 'the UGC') with effect from 1/1/1986, whereby, the petitioner was inducted to the post of Assistant Professor (Senior Scale) with effect from 23/2/1989. Thereafter, by Government Order dtd. 21/12/1989 the Kerala Government introduced 1996 UGC Scheme in the University with effect from 1/1/1996, whereby, the petitioner was designated as Associate Professor (Senior Scale) with effect from 1/1/1996 and was further granted Career Advancement Promotion to the post of Associate Professor with effect from 7/11/1998 under the conditions of the 1996 UGC Scheme. Thereafter, upon the recommendation of the duly constituted Committee the first respondent was granted Career Advancement Promotion to the post of Professor in the scale of pay of Rs.16,400.0022,400/- with effect from 7/11/2006 under the 1996 UGC Scheme on completion of a total eight years in the post of Associate Professor. Pursuant to this promotion, petitioner's basic pay was fixed as Rs.17,300.00 instead of 13,750/- resulting in a situation of the pay scale in the lower scale despite promotion.

(2.) The petitioner sent a representation inter alia pointing out that the normal increment from February was denied to the petitioner and after granting two advance increment from 7/11/1998, the same was granted only from November, as is evident from Ext. P1 pay slip. The petitioner contends that the Kerala Service Rules and the Kerala State Subordinate Rules are applicable to the University employees, and therefore, submitted Ext. P2 representation for rectifying the anomalies that crept in Ext. P1, but no action was taken on the representation. In the meantime, 2006 UGC Scheme was introduced by the Government of Kerala in the University by order dtd. 27/3/2010, but which had effect from 1/1/2006. It is submitted that the petitioner was inducted to the post of Associate Professor with effect from 1/1/2006 and further to the post of Professor with effect from 7/11/2006 and the revised statement of fixation of pay under the 2006 UGC Scheme was produced as Ext.P3. It is pointed out that the fixation of salary is wrong. It is also pointed out that one Dr.L.Girija Devi, who was directly recruited on 16/11/1987 and who had obtained Ph.D in 2006 was granted Career Advancement Promotion to the post of Associate Professor during 2006. The salary fixed under the 2006 UGC Scheme was Rs.60,080.00, whereas, the petitioner who became a Professor with effect from 7/10/2006 was granted pay scale of only Rs.59,280.00 resulting in the junior getting a higher scale of pay compared to the petitioner, despite both of them being equally qualified and working in equivalent posts. Thus, relying on the judgment of the Hon'ble Supreme Court in Gurucharan Singh Grewall v. Punjab State Electricity Board [2009 (3) SCC 94] petitioner contends that the anomaly has to be corrected by stepping up her salary to that of the junior.

(3.) The writ petition came up for hearing before the learned Single Judge and by judgment dtd. 18/9/2020, the writ petition was allowed recording the submission of both sides holding the matter in issue to be covered by the judgment in Gurucharan Singh Grewall (supra) and the respondents were directed to re-fix the salary of the petitioner on the basis of the salary of the immediate junior and grant the consequential benefits to the petitioner within three months from the date of receipt of a copy of this judgment.