Disposed

Dr.Syama Kumari v. State of Kerala

Kerala HC17 Jun 2008WP(C)/13720/2008

Case brief

AI extract

What is this about?

The court closed the writ petition directed at the State and Kerala Agricultural University regarding pay fixation for a Professor. Directions were issued ensuring monetary benefits are implemented within three months if not yet done, preserving the right to further approach.

What did the court decide?

Direction to State and University to implement pay fixation and release arrears within three months.

Dr.Syama Kumari Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930

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WP(C).No. 13720 of 2008(G)

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--------------------------

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PETITIONER:

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DR.SYAMA KUMARI.S.,AGED 58, W/O.N.SUKUMARAN NAIR,

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PROFESSOR (HOME SCIENCE) COLLEGE OF AGRICULTURE, DEPARTMENT OF HOME SCIENCE,VELLAYANI,

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RESIDING AT GOURI SANKARAN

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FOREST OFFICE LANE,VAZHUTHAKKADU,THIRUVANANTHAPURA

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BY ADV. SRI.P.V.MOHANAN

SRI.B.HARISH KUMAR

RESPONDENTS:

THE STATE OF KERALA REPRESENTED BY BY SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURAL, THIRUVANANTHAPURAM.

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THEKERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLAYANIKKARA.

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THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICUTLTURAL UNIVERSITY PO, VELLAYANIKARA, TRICHUR.

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BY G.P. SHRI A.J.VARGHESE

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BY ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T. SANKARAN,J..

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W.P.(C) No.13720 of 2008 G -------------------------------------Dated this the 17^th day of June, 2008.

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J U D G M E N T

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The reliefs prayed for in the Writ Petition are the following:-

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“A. To issue a Writ of Mandamus, order or direction commanding the Respondent No 2 and 3 to fix pay of the petitioner and issue pay slip to the petitioner in the pay scale of Rs 12000-18300/- w.e.f. 1.1.1996 at higher start with attended increments from the year 2004 onwards in the time scale of pay of Rs. 12000-18300/- and disburse the same forthwith.

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B. To issue a Writ of Mandamus, order or direction commanding the Respondent No 2 and 3 to grant two advance increments to the petitioner for obtaining the qualification of PhD. while in service on 14.9.1995 and refix the pay in the scale of pay of Rs 12000-18300/- w.e.f. 1.1.1996 under 1996 UGC scheme and disburse the arrears of pay forthwith

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WP(C) No.13720/2008

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C. To issue a Writ of Mandamus, order or direction commanding the Respondent 2 and 3 to fix the pay of the petitioner in the cadre of Professor in the scale of pay of Rs.16400-22400/- after fixing the pay in the cadre of Associate Professor in the scale of pay of Rs 12000-18300 w.e.f. 1.1.1996 and disburse the arrears of pay.

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D. Any other appropriate Writ, Order or direction as this Hon'ble Court deem fit in the interest of justice.”

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A statement is filed on behalf of the second

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respondent. The relevant portion of which reads as follows:-

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“2. It is submitted that the

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University is taking earnest efforts for fixation of pay in the cadre of Associate Professor/Assistant Professor (Selection Grade) in the pay scale of Rs.12000-18300 with higher start and increments. The necessary clarifications and instructs have already been issued by the University. The petitioner's pay will be fixed in the eligible stage in accordance with the Rules.

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WP(C) No.13720/2008

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It is humbly submitted that in view of the Government order No.148/06/Higher Education dated 13.11.06 the benefit of advance increments for Ph. D is available only with effect from 27.7.1998. The University has already initiated steps to issue pay slips to all teachers consequent to the career advancement promotion. Since the petitioner is working at the Agricultural College Trivandrum, it will be take at least three weeks time for the University to pass formal orders as regards fixation of pay of the petitioner. It is submitted that for authorization of arrears the University had sought clarification from the Government.

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It is submitted that the acute shortage of funds of the University is also a reason for the delay in authorization of arrears. This being the actual facts, the writ petition is premature and is liable to be dismissed.”

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It is submitted by the counsel on either side that in view of the stand taken by the Kerala Agricultural University, as reflected in the statement, the Writ Petition can be closed. The State Government as well as the Kerala Agricultural University shall do all that is necessary to see that steps mentioned in the statement will be implemented without delay. The Government

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WP(C) No.13720/2008

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and the University shall see that the petitioner gets the monetary benefit, on account of the relief granted to the petitioner, within a period of three months from today.

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It is made clear that if, for any reason, the petitioner has not got redressal of her grievance, the disposal of this Writ Petition will not preclude the petitioner from approaching this Court again or from taking such other steps as are necessary for the redressal of her grievance.

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The Writ Petition is disposed of as above.

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K.T. SANKARAN, JUDGE.

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cks

Dr.Syama Kumari v. State of Kerala

Case brief

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Dr.Syama Kumari v. State of Kerala

Case brief

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