Disposed

T K Ratnakaran Nair v. National Institute of Technology

Kerala HC15 Jun 2016WP(C)/8493/2015

Case brief

AI extract

What is this about?

Retired non-teaching staff challenged denial of 8th Kerala State Pay Revision benefits effective 1.7.2004. The Court directed the Board of Governors to reconsider reconsider the matter to extend benefits to those in service as on that date, ensuring non-discriminatory treatment akin to NIT Warangal.

What did the court decide?

Respondents 1 and 2 directed to place matter before Board of Governors to reconsider and grant benefits to petitioners within two months.

T K Ratnakaran Nair Vs National Institute of… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 15TH DAY OF JUNE 2016/25TH JYAISHTA, 1938

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PETITIONER(S):

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1. T K RATNAKARAN NAIR, S/O.UKKU NAIR, RESIDING AT PADINJARE KARIPPALA HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673 613.

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2. T.BALASUBRAMANIAN, S/O.KRISHNAN NAIR, RESIDING AT THAZHASSARY, PALLIKATTU P.O., VELLALASSERY, KOZHIKODE DISTRICT-673 601.

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3. NIRMALA MENON, D/O. KRISHNAN KUTTY NAIR,RESIDING AT JAIRAJ HOUSE, WYNAD ROAD, KOZHIKODE-673 001.

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4. A .SREENIVASAN NAIR, S/O MAHADEVAN NAIR,RESIDING AT “UDAYAM”, THIRUVANNUR RAUD,KALLAI(P.O.),KOZHIKODE, KOZHIKODE DISTRICT,PIN:673003

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5. P.PRABHAKARAN

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S/O GOPALAN NAIR,RESIDING AT PALAKKARA HOUSE, ATHOLI(P.O),KOZHIKODE DISTRICT,PIN:673315

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6. V.G.SOMASEKHARAN PILLAI,S/O V.G.GOPALA PILLAI, RESIDING AT SREEVIHAR HOUSE, MALAYAMMA(P.O),KOZHIKODE,PIN:673601

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7. P.PURUSHOTHAMAN, S/O A.P.KUMARAN, RESIDINGAT KOLLADATH HOUSE,KAKKODI(P.O), KOZHIKODE DISTRICT,PIN:673 611

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8. BALACHANDRAN V.V.,S/O NARAYANAN, RESIDING AT SAI VANDANAM,CHULOOR(P.O), KOZHIKODE,PIN:673 601

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9. T.M.SUBRAMANIAN S/O.VELAYUDHAN, RESIDING AT VELUTHEDATH HOUSE, CHULOOR P.O., KOZHIKODE-673 601.

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10. M.D.SOMASEKHARAN NAIR S/O.DAMODARAN NAIR, RESIDING AT NANDANAM HOUSE, CHTHAMANGALAM, KOZHIZKODE-673 601.

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11. K.SIVASANKARAN, S/O.GOVINDAN NAIR, RESIDING AT SALEENAM HOUSE, CHTHAMANGALAM, KOZHIKODE-673 601.

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12. K.APPUNNI, S/O.CHATHU, RESIDING AT NEDUGATTUMMEL HOSUE, NIT CAMPUS P.O., KOZHIKODE-673 601.

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13. K.VELAYUDHAN, S/O.SAMI.K., RESIDING AT NIRMALYAM HOUSE, CHULOOR P.O., KOZHIZKODE-673 601.

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14. P.K.RAMACHANDRAN, S/O.CHEKKUTTI, RESIDING AT P.ARTHIVIHAR HOUSE, KURUVAMPOYIL HOUSE, KODUVALLY, KOZHIKODE-673 572.

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15. ANANDAVALLI K.,D/O.SANKARAN NAIR, RESIDING AT VALLLAKKAMPADY, SIVAN KUNNU P.O., MANNARAKAD, PALAKKAD DISTRICT-678 582.

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16. K.CHERUNNI, S/O.KELU, RESIDING AT PERINGADU, CHERUKULATHUR P.O., KOZHZIKODE-673 008.

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17. T.P.BALAN, S/O.APPU T.P., RESIDING AT THEKKEPERULY, MAKKADA P.O., KOZHIKODE-673 6711.

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18. P.M.RAJALAKSHAMI, S/O.K.P./KUMARAN, RESIDING AT ANJALI HOUSE, 12TH MILE, NIT CAMPUS, KOZHIKODE-673 601.

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19. P.P.VASANTHA,S/O.KUMARAN KUTTY, RESIDING AT AMRUTHAPURI, VAVAT, CHULOOR P.O., KOZHIKODE-673 601.

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20. E.KOYAKUTTY, S/O.MAMU, RESIDING AT EDAVANA, CULOOR P.O., KOZHIZKODE.

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21. P.P.CHANDRAN, S/O.KRISHNAN NAIR, RESIDING AT SREENILAYAM HOUSE, CHULOOR P.O., KOZHIKODE-673 601.

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22. M.T.KARTHI, D/O.KANDAPPAN, RESIDING AT PULAIKKOTT PARAMPATH, MAKKADA P.O.,KOKKODI, KOZHIKODE-673 611.

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23. P.P.VIJAYAKUMARI, D/O.RAMANKUTTY, RESIDING AT VIJAYAKALA, NIT CAMPUS P.O., KOZHIKODE-673 601.

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24. V.T.BHASKARAN, S/O.KUTTICHEKKAN, RESIDING AT VADAKKETHODIKAYIL HOUSE, NIT CAMPUS P.O., KOZHIKODE-673 601

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25. P.MADHAVAN, S/O.VELAYUDHAN, RESIDING AT POOTHAKUZHIYIL, NIT CAMPUS P.O., KOZHIKODE-673 601.

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26. L.MUHAMMED, S/O.ABOOBACKER, RESIDING AT LAMBRATH HOUSE, KARUVAMPOYIL P.O., KODUVALLY, KOZHIKODE-673 572.

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27. P.S.SANTHAKUMARI AMMA, D/O.GOPALAN NAIR, RESIDING AT MEDAYIL HOUSE, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673 635.

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28. V.SETHUMADHAVAN, S/O.VELAYUDHAN NAIR, RESIDING AT SIVAM HOUSE, ARIYALLUR P.O., MALAPPURAM DISTRICT-673 312.

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29. N.M.JAYACHANDRAN,S/O.KELAN, RESIDING AT RIYA NIVAS, VENGERI P.O., KOZHIKODE-673 010.

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30. K.ASOKAN, S/O.MAMMAN, RESIDING AT KOLERI HOUSE, NIT CAMPUS P.O., KOZHIKODE-673 601.

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31. K.MOHANDASAN, S/O.GOPALAN, RESIDING AT KOLATHU KUNNUMMAL, CHEVARAMBALAM P.O., KOZHIKODE-673 017.

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32. N.SASEEDHARAN, S/O.ANDY, RESIDING AT NARAKASSERY, CHULOOR P.O., KOZHIKODE-673 601.

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33. K.K.PILO, S/O.V.K.KURIAN, RESIDING AT KAVIL, MANASSERY P.O., MUKKAM, KOZHIKODE-673 602.

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34. E.VERERANAKUTTY, S/O.ABOOBACKER, RESIDING AT KURUPPAN THODIKAYIL, MALAYAMMA P.O., KOZHIKODE-673 601.

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35. K.PREMACHANDRAN, S/O.KRISHNAN, RESIDING AT ADEENA HOUSE, NIT CAMPUS P.O., KOZHIKODE-673 601.

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36. K.RAGHUNATHAN

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S/O.KUNJU, RESIDING AT THAMBURU, PALAYAM, VELLALLOOR P.O., THIRUVANANTHAPRUAM-695 601

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37. K.M.VELAYUDHAN, S/O.CHOYI, RESIDING AT KIZHAKKE MUNDAKA PARAMBATH, NIT CAMPUS P.O., KOZHIKODE-673 601.

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38. E.AMBUJAKSHAN, S/O.KUTTAPPAN NAIR, RESIDING AT CHELATTE, MALAYAMMA P.O., KOZHIKODE-673 571.

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39. E.K.KUMARAN, S/O.THAMUKUTTY, RESIDING AT EDAVALA KANDIYIL, PAYAMBRA P.O., KOZHIKODE-673 571.

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40. O.VIJAYAN, S/O.KELU, RESIDING AT OLUR HOUSE, CHELAVOOR P.O., KOZHIKOEDE-673 571.

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41. T.SANKARAN NAIR, S/O.VASUDEVAN NAMPOODIRI, TANDORA SREELAKAM, CHATHAMANGALAM P.O., NITC, KOZHIKODE-673 601.

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42. K.HYMAVATHI,D/O.PADMANABHA PANICKER, HYMALAYAM, AREEKULANGARA, NAYARKUZHI P.O., KOZHIKODE-673 601.

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43. N.P.BALAKRISHNAN, S/O.APPUTTY, RESIDING AT SIVAPURI, ARIUPAPURATH POYIL, PERUMANNA P.O., PANTHEERNAKAVU, KOZHIKODE-673 019.

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44. K.RAMADASAN, S/O.CHOYIKUTTY, RESIDING AT SAPARYA HOUSE, CANAL ROAD, KANNADIKKAL, VENGERI P.O., KOZHIKODE DISTRICT-673 010.

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45. N.K.SUBRAMANIAN, S/O.N. APPU, RESIDING AT SHSYAMA ANIVAS, PUDUKKUDI, CHATATHANKAVU ROAD, VARATTIAK, KUNNAMANGLAM, MIE P.O., KOZHIKODE-673 571.

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46. PRABHAKARA KURUP, S/O.K.R.NARAYNA PILLAI, RESIDING AT SANGEETH, CP12/96, CHULUR P.O., KOZHIKODE-673 601

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47. P.P.RAJAN, S/O.P.DAMODARAN NAIR, RESIDING AT POURNAMI HOUSE, NELLIKOTTE PARAMBA, CHATHAMANGALAM P.O., KOZHIKODE-673 601.

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48. SUKUMARAN K.P., S/O.K.P.NARAYANAN NAIR, RESIDING AT 2/469, ASWATHY HOUSE, NELLIKAVU ROAD, MALAPARAMBA, KOZHIKODE-673 010.

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49. HASSAN.K., S/O.KAMMUNNI, RESIDING AT KUNIMMAL HOUSE, VAZHAKKAD P.O., KOZHIKODE DISTRICT-673 640.

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50. K.P.CHANDRAN NAIR, S/O.UNNI NAIR,

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RESIDING AT KODAVAMPATTU HOUSE, AMBALAVAYAL P.O., WAYANAD-673 593.

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51. M.CHERUNNI, S/O.CHANDUKUTTY, RESIDING AT KARUVARA POTTA HOUSE, PULIYULLA KANDIYIL P.O., NAYARKUZHI, KOZHIKODE-673 601

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52. KUNHIBEEVI.N., W/O.MOHAMMED NBELLIKOTTU, PARAMBA P.O., NIT CAMPUS, KOZHIZKODE-673 601.

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53. T.BALAKRISHNAN, S/O.KELAPPAN, RESIDING AT PUTHIYOTHU HOUSE, CHOULOOR POST, KOZHIKODE-673 601.

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54. P.GOPALAN, S/O.KELAPPAN, RESIDING AT SREENILAYAM, EAST MALAYAMMA, MALAYAMMA POST, KOZHIKODE-673 601.

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55. M.T.JANU, D/O.KORAPPAN, RESIDING AT PUTHUKUDIYALUMMAL HOUSE, CHELEVOOR POST, KOZHIKODE-673 571.

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56. P.NALINI, D/O.P.S.GOPALAN, RESIDING AT JYOLFNA GOLF LINK, MALAPARAMBA P.O., KOZHIKODE-673 009.

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57. N.P.HARIDASAN, S/O.IMPICHUTTY, RESIDING AT CHAPPITTAKANDIYIL, KUMARANALOOR P.O., MUKKAM, KOZHIKODE-673 602. BY ADVS.SRI.A.V.THOMAS (SR.) SMT.M.M.JASMIN SRI.NIDHI SAM JOHNS

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RESPONDENT(S):

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1. NATIONAL INSTITUTE OF TECHNOLOGY CALICUT, REPRESENTED BY ITS REGISTRAR, NATIONAL INSTITUTE OF TECHNOLOGY CAMPUS, KOZHIZKODE-673 601.

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2. THE DIRECTOR THE NATIONAL INSTITUTE OF TECHNOLOGY NATIONAL INSTITUTE OF TECHNOLOGY CAMPUS, KOZHIZKODE-673 601.

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*ADDL. R3 IMPLEADED :

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3. THE BOARD OF GOVERNORS

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NATIONAL INSTITUTE OF TECHNOLOGY, NATIONAL INSTITUTE OF TECHNOLOGY CAMPUS, KOZHIKODE - 673 601, REPRESENTED BY THE DIRECTOR AND THE CHIEF EXECUTIVE AND EX-OFFICIO PERMANENT MEMBER OF THE BOARD.

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*ADDL. R3 IS IMPLEADED AS PER ORDER DT 6/1/2016 IN IA 9/2016

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R1 & R2 BY ADV. SRI.MILLU DANDAPANI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1:	TRUE COPY OF THE LETTER NO.DO/246/GOK/2011 DATED 3/10/2011 SENT BY THE DIRECTOR OF NIT CALICUT TO THE FINANCE SECRETARY, GOVERNMENT OF KERALA.
EXT.P2:	TRUE COPY OF THE PROCEEDINGS DATED 15/12/2011 OF THE 1ST RESPNDENT
EXT.P3:	TRUE COPY OF THE TIME SLOT ALLOTTED BY THE PAY ANOMALY COMMITTEE ON 20/12/2011.
EXT.P4:	TRUE COPY OF THE REPORT DATED 9/1/2012 OF THE PAY ANOMALY COMMITTEE FOR NON-TEACHING STAFF OF NIT CALICUT.
EXT.P5:	TRUE COPY OF THE RESOLUTION NO.18.04 DATED 3/5/2012 OF THE BOARD OF GOVERNORS OF NIT CALICUT.
EXT.P6:	TRUE COPY OF THE RESOLUTION NO.BG-20.06 DATED 16/10/2012 OF THE BOARD OG GOVERNORS OF NIT CALICUT
EXT.P7:	TRUE COPY OF THE MINUTES OF THE 19TH MEETING DATED 11/2/201 OF THE BOARD OF GOVERNORS OF NIT, WARANGAL.
EXT.P8:	TRUE COPY OF CIRCULAR NO.AD-3 & 4 /2010-11/4468 DATED 7/3/2011 ISSUED BY THE REGISTRAR, NIT WARANGAL.
EXT.P9:	TRUE COPY OF ORDER NNO.AD-3 & 4/2010-11/476 DATED 25/3/2011 ISSUED BY THE REGISTRAR, NIT, WARANGAL.
EXT.P10:	TRUE COPY OF THE PROCEEDINGS NO.P1/2444/2006 DATED 21/11/2012 OF THE 1ST RESPONDENT
EXT.P11:	TRUE COPY OF THE REPRESENTATION DATED 8/12/2014 SUBMITTED BY PETITIONERS 1 AND 4 AND TO THE R1
EXT.P12:	TRUE COPY OF THE OFFICE ORDER DATED 3/11/2014 ISSUED BY THE 1ST RESPONDENT ISSUED IN RESPECT OF K.MOHANDAS.

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EXT.P13: TRUE COPY OF THE OFFICE ORDER DATED 3/11/2014 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF SMT.K.P.SNEHAPRABHA.

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RESPONDENT(S)' EXHIBITS :

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EXT.R1(a): COPY OF DECISION OF THE BOARD OF GOVERNORS ON 16/10/2015, REFERRED TO IN THE COUNTER AFFIAVIT.

//TRUE COPY//

P.S. TO JUDGE

P.V.ASHA, J.

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Dated this the 15^th day of June, 2016

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JUDGMENT

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The petitioners, who are retired non teaching staff members of the National Institute of Technology (`NIT' for short), Calicut, are aggrieved by the denial of benefit of the pay revision of 2006 of the State Government for the reason that they were not in service as on 1.10.2012.

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The Erstwhile Regional Engineering College, Calicut, which was following the State Government pattern including the scale of pay in respect of the non-teaching staff got converted as NIT Calicut with the status as a deemed University under the Ministry of Human Resources Development in the year 2002, with the service conditions and scale of pay as under the Central Government. According to the petitioners, all the NITs including NIT, Calicut are autonomous bodies funded by the Government of India, directly under the Ministry of Human Resources Development. The NIT Act was framed in the year 2007. State

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scale of pay underwent a revision with effect from 1.7.2004, as per order dated 25.3.2006. The staff of NIT, could not enjoy the benefit of that pay revision on account of its change in status under the control of Central Government and they had to switch over to the central scale of pay with effect from 1.04.2004, which was not beneficial to them. Though there was a pay revision under the Central Govt in the year 2006, persons like petitioners had to suffer a huge loss, when their pay was fixed in the scale of 6^th central pay commission pay revision.

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In these circumstances, the non teaching staff of NIT had been submitting representations before the respondents explaining the prejudice caused to them. Based on this, the Board of Governors constituted a pay anomali committee and that committee examined the complaints of the non-teaching staff in December 2011, after hearing the compalinants and found that most of the anomalies occurred due to rationalisation of pay scale with effect from 1.4.2004, from State scale to central scale. In Ext.P4 report dated 9.1.2012, the Committee found that several persons were granted only lower scale of pay, when they were brought under the central scale of pay; they were not given the maximum of the state scale of pay as on 1.4.2004; many of

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the members of non-teaching staff lost the benefit of higher scale of pay and benefits like grade promotion, higher grade, etc. which would have been admissible to them had they continued in the old pattern; opportunity to opt was not granted to all of them; no uniform pattern was followed; delay in considering the requests resulted in growing distrust and depression among the employees, etc. The committee therupon prepared a revised rationalisation pay scale structure as given in the table and suggested certain measures to resolve the issues.

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Subsequently the Board of Governors met on 3.5.2012

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and as per Ext.P5, decided as follows:

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“BOG approved the recommenations of the FC and permitted the non-teaching staff of the Institute to opt for 8^th Pay Revision of the Kerala Government (implemented as per G.O. (P) No.145/2006/Fin dated 25.03.2006) as a one time measure from 1.7.2004 or their increment dates which falling between 01.04.2004 to 31.3.2005 whichever is later, before coming over to the rationalised central scales. The Institute shall work out the expenditure consequent to shifting of the date of implementation of the Central scales and take up the issue of reimbursement of this expenditure with the Govt of Kerala.”

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Thereafter in the 20^th meeting held on 16.10.2012, the Board of Governors discussed the decision taken as per Ext.P5 to adopt the 8^th pay revision benefits with effect from the date of its implementation by Government of Kerala i.e 1.7.2004, and to adopt it within 3 months in case there was no reply from the

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Ministry of Human Resourses Devolopment (MHRD). Ext P6 minutes of the said meeting shows that MHRD did not furnish any clarification even after several reminders. It is also seen from it that this Court had ordered personal appearance of an official of MHRD, since it did not take any decision in terms of the direction of this Court in W.P.(C) No.9971/2007 and even after the official who appeared was granted one month's time, MHRD did not care to take any decision. Referring to the decision of the Board of Governors of NIT Warangal, in their meeting held on 11.02.2011, as per Ext.P7 taken in presence of Special Secretary, Additional Secretary and Financial Adviser of MHRD to implement the 8^th pay revision of Government of Andhra Pradesh and thereafter to map it to the central scales, the Board of Governors of NIT Calicut decided to implement its decision in Ext.P5, saying that the cases in both the NITs are exactly similar. The decision taken is as follows:

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“Taking cognizance of the above observations and facts, the BOG accepted the recommendations of the FC to extend the benefit of the 8^th Kerala State Pay Revision Orders issued in March 2007 to the Non—teaching Staff of NIT C and to implement it w.e.f. 1.7.2004 and to map the scale of the nonteaching employees of the Institute to the Central Govt Pay scales after implementation of 8^th Kerala State Pay Revision Orders. The revised pay may be paid from October 2012 onwards. Non teaching staff will have to submit an undertaking individually stating that excess payment to them in this regard, if any, shall be

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recovered at any point of time, if any decision to that effect is made by the MHRD iin similar cases in other NITs also.^”

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Based on Ext.P6 decision, the NITC issued Ext.P10 circular dated 21.11.2012, calling for option from all the nonteaching staff who joined CREC/NITC service in full time posts on or before 1.7.2004 for 2004 State Pay revision scales and to furnish undertaking to refund excess pay if any, on or before 23.11.2012.

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Petitioners submit that the option was called for only from the staff who were in service as on the date of Ext.P10 and benefits were not granted to those who were in service as on 1.7.2004, but retired as on October 2012. At the same time, such benefits could be enjoyed by the entire staff in NIT Warangal who were in service as on 1.4.2005, i.e irrespective of their availabilty in service as on the date of retirement or date of the decision. It is in NIT, Calicut alone that the benefit is limited to those who were in service as on 1.10.2012. Therefore, the petitioners who happened to retire from service between 1.7.2004 to 1.10.2012 did not get the benefit of pay revision. The petitioners point out that, it is only the employees like the petitioners under the NIT Calicut, who are discriminated

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depriving the benefits of the 8^th Kerala Pay scales consequent to which they are put to huge financial loss.

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Respondents 1 and 2 have filed a counter affidavit stating that the benefit of 8^th Kerala State Pay Revision has been implemented to all the non teaching staff of the Institute who were on rolls as on 1.10.2012 and there was no discrimination. According to them, Ext.R1(a)/Ext.P6 decision taken by the Board of Governors was made effective to the then existing employees alone. The Board of Governors had again considered the matter on 9.1.2015 when the petitioners had approached this Court with their grievances. But it did not approve the revision of pay scale to those who retired prior to 1.10.2012. It is further stated that, the respondents are not competent to revise the pensionery benefits of the petitioners based on 8^th Kerala Pay Revision without any direction from the Board of Governors, which is not a party to this Writ Petition. Subsequently the Board of Governors was also impleaded as additional respondent No.3.

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I heard Sri A.V.Thomas, the learned Senior Counsel appearing for the petitioners, and Sri Millu Dandapani, the learned counsel appearing for the respondents.

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On a consideration of the rival claims, it is seen that

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the anomali committee constituted by the NITC had found that serious injustice was done to the non-teaching staff. The decision to implement the 8^th Kerala State Pay revision was taken accepting the recommendation of the committee. There is no recommendation to exclude those who retired. There is no reason also to exclude them. The draft report of the anomali committee itself refers to the number of complaints they examined, when they were convinced of the very serious anomalies which occurred in the process of rationalisation, which was equally applicable to those who were in service as on 1.7.2004. All the petitioners were working in the NIT before it was switched over to central scale w.e.f 1.4.2004. It is pertinent to note that the petitioners along with the entire staff of the NIT, who were enjoying the State Government pay scale, would have got the benefit of pay revision in case the NIT was not brought under the control of the Central Government and it had not been switched over to central scale of pay.

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NIT could realise the grievances of persons like the petitioners and it took the decision to implement the State pay revision scale to the non-teaching staff w.e.f 1.7.2004. As can be seen from Ext.P5, the decision of the Board of Governors in its

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meeting held on 3.5.2012 and in Ext.P6 dated 16.10.2012 was to permit the non teaching staff of the institute without stipulating any condition that the non-teaching staff should be in service as on the date of decision or that those who were not in service as on the date of Ext.P6. When it was decided to implement from 1.7.2004, there is no justification in denying the benefit to those who retired from service as on the date of Ext P6. Any such exclusion will only be arbitrary and discriminatory, denying equality before law.

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Moreover the NIT, Warangal granted the benefit to those who retired from service but were in service as on the date of effect of pay revision. Ext.P5 or Ext.P6 decisions do not limit the benefit of that to those who were in service as on the date of that decision.

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Now the case of the respondents is that they cannot take any decision without concurrence of the MHRD. After being convinced of the anomalies, when the Government decided to rectify those anomalies in an autonomous body like the respondent Deemed University, delaying and denying the fruits of the decision to a set of employees is unfair and unjust.

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However, despite the directions from this Court in W.P© No.9971/07 directing the MHRD to take a decision before July, 2012, it was stated that, no decision was taken. The Board of Governors accepted the recommendations to extend the benefit of 8^th Kerala State Pay Revision Orders to the non teaching staff of NITC w.e.f 1.7.2004 and to map the scale of non teaching employees to the central pay scales. It was decided that the revised pay would be paid w.e.f October, 2012 for which the non teaching staff had to submit an undertaking that the excess payment if any shall be recovered at any time. Such a decision was taken in the light of the decision taken by the Board of Governors of NIT, Warangal in its meeting held in February, 2011 to implement 8^th Pay Revision of the Government of Andhra Pradesh for its teaching staff and to do the mapping to central scales on 11.02.2011 and decided to implement the same. It is, under these circumstances, the petitioners submit that non teaching staff of NIT, Warangal could enjoy the benefit of the State pay revision irrespective of the fact that several of the non teaching staff had already retired as on the date of the decision. At the same time, in the case of the petitioners they are denied the benefit.

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The petitioners submit that they are ready to furnish an undertaking to the effect that they would repay the amount in the event of any objection from the Government of India subsequently.

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Just because the petitioners were not in service as on the date on which the Board of Governors took the decision to extend the benefit of pay revision, the petitioners cannot be denied an equal treatment on par with those who were in service as on 1.10.2012. When the NIT, Warangal could extend the benefit of State pay revision to its employees irrespective of the dates of retirement falling on dates prior to the date of decision by the Board of Governors, there is no reason to restrict the benefit of Exts.P5 or Ext.P6 resolutions to the employees who were in service as on 1.10.2012 alone.

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The Board of Governors has not considered any of the relevant aspects so as to exclude the petitioners from the findings of the anomali committee or even the circumstances under which the petitioners claimed the benefit of the State pay revision. The contention of the NIT is that they cannot do anything without instructions from the MHRD. The respondents themselves were convinced that the decision taken by NIT

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W.P(C) No.8493 of 2015-J 11

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Warangal was in the presence of MHRD and there cannot be any discriminatory treatment to the staff in NITC. Even otherwise the MHRD, which has not cared to take a decision even after the repeated direction of this Court, cannot have any justifiable objection in adopting certain protective measures in the case of the nonteaching staff who had to suffer only because of the administrative changes effected in the governance of the NIT.

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Under the above circumstances, I direct respondents 1 and 2 to place the matter before the Board of Governors. The Board of Governors shall reconsider the matter in the light of the recommendations of the anomali committee given in Ext.P2 report and in terms of the decisions Exts.P5 and P6, taking into account that the petitioners were also in service as on 1.7.2004 till their retirement. The matter shall be placed before the next meeting of the Board of Governors.

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In the meanwhile, it is open for the respondents to seek instructions from the Ministry of Human Resources Development, and for the MHRD to issue appropriate instructions as given to NIT Warangal.

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Final orders shall be passed within a period of one month from the date of the next meeting of the Board of Governors and

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the benefits based on that shall be granted to the petitioners within a further period of 2 months.

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The Writ Petition is disposed of with the above directions.

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Sd/- (P.V.ASHA, JUDGE)

¶146

rtr/

T K Ratnakaran Nair v. National Institute of Technology

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T K Ratnakaran Nair v. National Institute of Technology

Case brief

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