SHARADA B NAIR Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) The appellant did not succeed in her suit seeking a declaration that she was "entitled to the upgraded post of Director with effect from 8.8.94 on which date such upgradation fell due" and in obtaining a decree for an amount of Rs. 4,15, 488-00/- as damages with interest at the rate of 12% thereon. The main contention urged was that though her post of Deputy Director was entitled to be upgraded with effect from the said date consequent on acceptance of the proposals from the University Grants Commission (UGC) by her employer/the respondent University, to promote Adult Education by constituting a department in that regard putting the petitioner in charge thereof, it was not implemented and consequent benefit was not granted, allegedly due to the pendency of a departmental action against her. This view was totally unjustified and calculated to defeat her entitlements. Therefore, she was eligible to the upgradation of her post and consequent hike in the salary. The suit was dismissed without adverting to these aspects. So the appeal is to be allowed, the appellant contents.

(2.) In support of this, the main evidence relied on by the appellant is Ext. A18, a note to Syndicate submitted by the Registrar of University. Much emphasis is placed on paragraph 4 thereof which reads as under:

(3.) Ext. A18 is only a note to the Syndicate. No evidence of acceptance of that note by the Syndicate or a decision by the Syndicate to upgrade the post held by the petitioner is produced in evidence. Nothing of that sort is brought to our notice. Of course, there is an averment in paragraph 10 of the plaint that there was such a decision by the Syndicate of the University. But her averment has been stoutly denied in paragraph-14 of the written statement. It is also disclosed therein that the Syndicate had not deferred the decision on the ground of the departmental action allegedly pending against her, but really decided to recruit a competent hand after advertising in the newspapers.