C.G.PRABHAKARAN Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) The petitioner entered service of the respondent University as Peon on 26.11.1969 and he was promoted as Library Assistant on 14.10.1974 and was sanctioned his first higher grade with effect from 10.10.1984. He was permitted to change the category as Clerical Assistant and he was also permitted to draw the pay he was drawing in the cadre of Library Assistant, in the cadre of Clerical Assistant. He was granted second higher grade on completion of 15 years of combined service in the cadre of Library Assistant and Clerical Assistant with effect from 14.10.1989. He was promoted as Assistant Grade II on 22.6.1990 and as Assistant Grade I on 20.8.1993 and then promoted as Senior Grade Assistant with effect from 21.5.1998 and he retired on superannuation on 31.3.2003 from the service of the respondent Calicut University.

(2.) The audit agency concerned, viz., the Deputy Director of Local Fund Audit attached to the Calicut University, as per letter dated 20.4.2003 observed that since the Government agreed to only time bound higher grade sanctioned to employees prior to 1.3.1992, the higher grade on completion of 15 years of service sanctioned to the incumbent with effect from 14.10.1989 vide the University order dated 24.3.1992 is not acceptable as the sanction by the University in that regard was issued after the cut of date of 1.3.1992. The scale of pay of Rs.1220 -2150 sanctioned as per University order dated 20.8.1992 was also stated to be not acceptable to the audit agency as the scale of pay of Assistant Grade II is Rs.1200 -2040. That the pay of the incumbent on promotion in the cadre of Assistant Grade II is fixed at the maximum of the pay scale of Rs.865 -1450 (1988 pay revision). Accordingly, it was instructed by the audit officer concerned that the excess amount drawn by the petitioner consequent on sanctioning of higher grade with effect from 14.10.1989 and fixation of pay scale in ineligible scale of pay n the cadre of Assistant Grade II, Assistant Grade I and Senior Grade Assistant may be worked out and recovered under intimation to the audit wing. It is stated that the Secretary to Government in the Higher Education Department had intimated that the Government agrees with time bound higher grade sanctioned to employees prior to 1.3.1992. It is in this context, based on Ext.P -7 proceedings dated 29.3.2003 that the Deputy Director of Local Fund Audit attached to the Calicut University has made the following remarks in Ext.P -7, which read thus: 1) Since the Government agree only the Time Bound Higher Grade sanctioned to the employees prior to 1.3.1992, the higher grade on completion of 15 years of service sanctioned to the incumbent with effect from 14.10.1989 vide No.Ad.A1/8208/84/24.3.92 is not accepted as the sanction was after 1.3.92. 2) The Scale of pay of Rs.1220 -2150 sanctioned vide U.O. No.Ad.A1/8202/84 dated 20.5.92 also not accepted as the scale of pay of Asst.Gr.II is 1200 -2040. The pay of the incumbent on promotion in the cadre of Asst. Gr.II is fixed at the maximum of the pay scale Rs.865 -1450 (Pay scale of Gr.II Asst. in 88 pay revision). 3) The excess amount drawn by the incumbent consequent on the sanctioning of higher grade with effect from 14.10.1989 and the fixation of pay scale in ineligible pay scale in the cadre of second grade, first grade and senior grade Assistants may be recovered. 4) Page No.25 of the pension book may be filled up and N.L.C. may be obtained before effecting the payment of pensionary benefits.

(3.) In pursuance of Ext.P -7 observations of the Deputy Director of Local Fund Audit, the respondent Calicut University issued the impugned Ext.P -8 proceedings dated 29.7.2004, revising the pay of the petitioner with retrospective effect from 1.3.1992, in a manner which affected him adversely. According to the petitioner, the said impugned revision carried out on the basis of the impugned Ext.P -8 resulted in reduction of one increment and substantial reduction in pensionary benefits and further an amount of Rs.24,231/ - said to be the excess pay paid to the petitioner during the period from March 1992 to March 2003 has also been recovered from the DCRG. It is clear from a reading of Ext.P -8 that an amount of Rs.24,231/ - has also been recovered from the DCRG of the petitioner. Essentially the prayer of the petitioner is to quash the impugned Ext.P -8 proceedings dated 29.7.2004 to the extent it adversely affected him. The petitioner had also submitted Ext.P -9 petition before the respondent University, praying that the impugned objections may be overruled and to revise the pensionary benefits of the petitioner taking into account his last pay as Rs.7,850/ - sanctioned as per University order No.Ad.C4/968/2001 dated 2.1.2003 and also to refund Rs. 24,231/ - recovered from his DCRG.