GOPALAKRISHNAN P. Vs. CENTRAL UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioners seek extension of benefit of pay protection approved and ordered by the Executive Council of the Central University of Kerala. The petitioners state that they have been working as regular employees of Banaras Hindu University. When the 1st respondent-Central University of Kerala notified vacancies of Sec. Officer and Private Secretary, the petitioners appeared in the written examination and skill test and were issued with appointment orders in November and December 2011 respectively as per Exts.P2 and P2(a).

(2.) The petitioners state that they have joined the 1st respondent-University after obtaining separate relieving letter from Banaras Hindu University, as is evidenced by Ext.P3. The petitioners joined the 1st respondent-University retaining their lien to the post in the Banaras Hindu University. The initial pay of the petitioners in the 1st respondent-University was fixed reckoning a last pay certification issued by the Banaras Hindu University. Exts.P5 and P5(a) would show that the petitioners were granted pay protection.

(3.) The petitioners state that the petitioners were following under the Statutory Pension Scheme and therefore requested for protection of pay during the selection process and the University accepted the same. The petitioners would not have accepted employment with the 1st respondent-University had they refused the protection of pay before expiry of the lien. The probation of the petitioners was not declared for over two years. For the said reason, the lien of the petitioners in the Banaras Hindu University were also extended.