LAWS(KER)-2023-3-77

KERALA AGRICULTURAL UNIVERSITY Vs. K. RAJMOHAN

Decided On March 23, 2023
KERALA AGRICULTURAL UNIVERSITY Appellant
V/S
K. Rajmohan Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 30/6/2022 in W.P.(C) No.5529 of 2018. The appellants were respondents 1 and 2 in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) The petitioner was a teacher in the Kerala Agricultural University (the University). The matter relates to the claim made by the petitioner for stepping up of his pay in tune with the pay of one Dr.B.Balakirshnan, allegedly a teacher junior to him, with effect from 1/1/1986. The premise on which the aforesaid claim was made by the petitioner is that a senior cannot be paid a lesser salary than his junior. The learned Single Judge who considered the writ petition along with an identical writ petition took the view that the issue is covered in favour of the petitioner by the decision of the Division Bench in Kerala Agricultural University v. Elizabeth K. Syriac, 2022 SCC OnLine Ker 1376 and consequently, allowed the writ petition and directed the University to step up the pay of the petitioner on par with the pay of his so called junior and disburse him the consequential monetary benefits. The officials of the University who are respondents 1 and 2 in the writ petition are aggrieved by the decision of the learned Single Judge and hence, this appeal.

(3.) Heard the learned Standing Counsel for the University as also the learned counsel for the petitioner.