A.J. ANTO (RETIRED ASSISTANT EXECUTIVE ENGINEER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR), AKKARA HOUSE, COCHIN UNIVERSITY POST, SOUTH KALAMASSERY, ERNAKULAM, KOCHI Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The prayers in this writ petition are as follows:-

(2.) Heard the learned counsel for the petitioner, learned Standing Counsel appearing for the 1st respondent-University and the learned Government Pleader appearing for the 2nd respondent.

(3.) It is submitted that the petitioner had retired from service on 30.04.2003, while holding the post of Assistant Executive Engineer in the 1st respondent University. He was appointed as Overseer Grade-I in the University on 30.07.1976. He was promoted as Assistant Engineer on 17.03.1981. Thereafter, by Exhibit P3, he was granted a ratio promotion in the post of Assistant Engineer. He was granted the second time bound higher grade in the post of Assistant Executive Engineer w.e.f. 21.03.1991 on completing the 10 years service in the first promoted post of Assistant Engineer. As second time bound higher grade he was granted only the scale of pay of Rs. 2200-3500/-. The petitioner contends that he was fully qualified for promotion to the post of Assistant Executive Engineer and therefore he should have been granted the scale of pay of Rs. 2375-3500/-. The petitioner was granted the cadre promotion as Assistant Executive Engineer on 01.11.1997 by Exhibit P5 proceedings. His pay was fixed in the scale of pay of Assistant Executive Engineer on cadre promotion w.e.f. 01.11.1997. The pay was fixed at Rs. 2900/-. The petitioner contends that he would have been entitled to the benefit of the third time bound higher grade on completion of 23 years of service w.e.f. 12.07.1999. However, this benefit has been denied to him by the University on account of an objection raised by the Local Fund Audit. Exhibit P14 is the order of the University rejecting the claim raised by the petitioner for grant of third time bound higher grade and for re-fixation of his pay and pension.