JOBISH MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the placement in a scale of pay lower to even the corresponding revised scale, consequent to the pay revision, petitioner has approached this Court, challenging Ext.P7 order issued by the Government and seeking fixation of pay on par with Offset Printer in Kerala University.

(2.) The syndicate of the 2nd respondent - Sree Sankaracharya University of Sanskrit (hereinafter referred to as 'University' ), on 5.3.2005, resolved to set up a printing unit in the University and to create the unavoidable posts for the same, with prior approval of Govt. Accordingly, the University as per Ext.P2 letter dated 18.3.2005, forwarded the details of the posts to be created and requested for approval for creation of the posts including that of Printer. In this letter, the University explained the requirement to have a full fledged printing unit and the requirement of a Printer among other posts in order to meet the exigency of printing works in the University, for which a mini offset printing unit was already established in the University. It was pointed out that experienced and permanent hands were required for the same. The letter contained the details regarding number of those unavoidable posts to be created, scale of pay, method of appointment and qualification for the same, which has to be incorporated in the University Statute and the provisions of the schedule of non teaching service, by way of amendment. Approval was sought, for creation of posts including that of a Printing Machine Operator (Printer) having the scale of pay of Rs.3590-5,400. The qualification prescribed was (i) S.S.L.C or equivalent, (ii) Certificate of Diploma in Printing Technology and (iii) Minimum 3 years' experience in a reputed printing press. Method of appointment was shown as direct recruitment on the basis of merit, inviting applications through a notification and age limit was prescribed as not more than 35 years with usual relaxations.

(3.) After getting approval from the Government, for creation of posts, the University issued Ext.P1 notification dated 25.6.2005, inviting applications for appointment to the various posts including that of Printer in the scale of pay of Rs.3590- 5400, from among candidates with SSLC; Certificate/Diploma in Printing Technology and experience for a period of not less than 3 years in a recognised (Government/University) printing press. The petitioner, who was having Plus Two with Diploma in Printing Technology and experience in press work, submitted application for the post and he was appointed in the post on 22.09.2006.