Allowed

Ismail.C.K. v. Cochin Univerfsity of Science and Tgechonology

Kerala HC9 Jul 2019WA/1705/2013

Case brief

AI extract

What is this about?

The Court held that posting a Sweeper/Cleaner/Chowkidar as a Peon is not a promotion but a grade increase. It ruled that common seniority applies for promotion to Laboratory/Library Assistants and ordered the University to provide notional benefits to retired appellants.

What did the court decide?

The appeal was allowed. The University was directed to determine seniority based on first appointment, fix last pay and pension at promotion rates, and provide notional benefits to appellants without

Ismail.C.K. Vs Cochin Univerfsity of Science… — Pension and Retirement Benefits | Kerala HC (2019)

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WA.No.1705 of 2013 1

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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.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941

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WA.No.1705 of 2013

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AGAINST THE JUDGMENT IN WPC 20146/2007 of HIGH COURT OF KERALA DATED 20-11-2012

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APPELLANTS:

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1 ISMAIL.C.K. PEON, CIRM, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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2 HEMALATHA K. PEON, EXAMINATION DEPARTMENT, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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3 MOLY K.G. PEON, SCHOOL OF LEGAL STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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BY ADVS. SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.B.BIPIN SRI.R.REJI

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RESPONDENTS:

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1 COCHIN UNIVERFSITY OF SCIENCE AND TGECHONOLOGY (CUSAT), REPRESENTED BY ITS REGISTRAR, KOCHI-682 022.

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2 SHAJI B. PEON, UNIVERSITY UNION OFFICE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (SHAJI B, PARATHARAYIL HOUSE, KARAYILBHAGOM, VAIKOM PO, KOTTAYAM DISTRICT, PIN-686141)

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WA.No.1705 of 2013 2

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3 CHANDRAN THAIPARARAMBATH

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PEON, DEPARTMENT OF BIO-TECHNOLOGY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (CHANDRAN THAIPARARAMBATH, SUCHITHRALAYAM, MODOLY ROAD, THODEEKALAM, KANNOTH PO, KANNUR DISTRICT, PIN-670650)

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4 USHA C.R.

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POEON, SCHOOL OF PHOTONICS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (USHA C R, CHAKKIPARAMBIL HOUSE, KUMBALANGIVAZHAI, PALLURUTHY PO, KOCHI, PIN-682006)

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5 RAGHAVAN C. PEON, CASH SECTION, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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6 SAYED MOHAMMED M.

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EXAMINATION SECTION, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (SAYED MOHAMMED M, KURUKKAL HOUSE, KARIPODE PO, PODUNAGARAM, PALAKKAD DISTRICT, PIN-678503)

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7 SREEDHARAN V.K.

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DEPARTMENT OF COMPUTER SCIENCE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (SREEDHARAN V K, VELLANCHERY HOUSE, POOVANCHIRA PO, PATTIKAD (VIA), THRISSUR DISTRICT, PIN-680652)

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8 KUNJUTTY G. UNIVERSITY LIBRARY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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9 PRASANNAN S. ADMINISTRATION SECTION-D, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (PRASANNAN S, BABU NIVAS, MURUNTHAL, PERINAD PO, KOLLAM DISTRICT, PIN-691601)

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10 SREEKALA L.

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ACADEMIC SECTION-B, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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11 KARTHYAYINI C.A. UGC SC/ST CELL SECTION, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (KARTHYAYINI O.A, OLIKUZHI HOUSE, VADAYAMPADI PO, PUTHENCRUZ, ERNAKULAM DISTRICT, PIN-682308)

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WA.No.1705 of 2013 3

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12 SREEKUMAR K.V. CUCEK, PULINKUNNU, CAMPUS, KUTTANAD, ALLEPPEY.

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13 LORANCE P.M. DEPARTMENT OF PHYSICS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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14 UBAIDATHU M.S.

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SCHOOL OF ENVIRONMENT STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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15 RAVEENDRAN N.V. DESPATCH SECTION, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (RAVEENDRAN N.V, NADUVILAPURAKAL HOUSE, KUTTUR PO, PAMBUR, THRISSUR DISTRICT, PIN680013)

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16 PRABHAKARAN P. UNIVERSITY LIBRARY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (PRABHAKARAN P, PRANAVAM, MANCHIRA, CHITTUR PO, PALAKKAD DISTRICT, PIN-678101)

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17 CHANDRAN K.

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EXAM-P, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (CHANDRAN K, PALLITHATTA HOUSE, VEDIKUNNU, UDMA (VIA), BARE PO, KASARGODE DISTRICT, PIN-671319)

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18 CHANDRAN K.K. I.R.A.A, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (CHANDRAN K K, KALLIYATH HOUSE, PUTHOOR PO, KAITHAPPARAMBU, THRISSUR DISTRICT, PIN-680014)

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19 MURALEEDHARAN M.V.

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SCHOOL OF MANAGEMENT STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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20 SATHAR N.S.

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EXAM-B- SECTION, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022.

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21 CHENTHAMARA B.

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ACCOUNTS SECTION, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. (CORRECTED) (CHENTHAMARA B, POOPPULLY HOUSE, MARUVAPADAM, KANNADI PO, PALAKKAD DISTRICT, PIN-678701) (PRESENT ADDRESS OF RESPONDENTS

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WA.No.1705 of 2013 4

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R2,R3,R4,R6,R7,R9,R11,R15,R16,R17,R18,AND R21 ARE INCORPORATED IS ABOVE AS PER ORDER DATED 25/03/2019 IN IA.NO. 1 AND 2 OF 2019)

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22 BHANUMATHY C.K. PEON, SOET, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. RESIDING AT: PAITHRIKAM, VENGNAMKUZHI HOUSE, KOTHAKULAM (PO), KAITHARAM (PO), NORTH PARAVOOR, ERNAKULAM.

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BY ADVS. SRI.SUNIL CYRIAC, SC, COCHIN UNIVERSITY SRI.SAJU JOHN SRI.VIPIN D.G., SC, COCHIN UNIVERSITY

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.No.1705 of 2013 5

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JUDGMENT

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Vinod Chandran, J

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The appellants are three of the petitioners in the Writ Petition which was dismissed as per the impugned judgment. The issue is as to the determination of seniority for the purpose of promotion to the post of Laboratory/ Library Assistants. The appellants are the persons in the service of the University who were first appointed as Sweepers/Cleaners/ Chowkidars. Both the posts of Peons and Sweepers/ Cleaners/Chowkidars are comprised in Class IV service of the University. The Sweepers/Cleaners/ Chowkidars, who have completed three years were enabled posting as Peons with an additional increment granted in that post. The Class IV employees having 8^th standard qualification was also eligible to be considered for promotion to the vacant post of Laboratory/Library Assistants. The issue is as to the reckoning of seniority between Peons and Sweepers/Cleaners/Chowkidars.

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The appellants were all appointed prior to

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the party respondents, who were appointed directly as Peons. The appellants first appointment, as noticed above was as Sweepers/Cleaners/Chowkidars. The appellants on completion of three years were posted as Peons with an additional increment. The University also brought out a gradation list as early as in 2000 as seen from Ext R1(a); wherein the Sweepers/Cleaners/ Chowkidars posted as Peons were said to be having seniority assigned, below the Peons who were directly appointed. Hence, the seniority has to be determined in accordance with such assignment of position in which event only after the Peons having 8^th standard qualifications are promoted to the post of Laboratory/Library Assistants would a Sweeper/Cleaner/ Chowkidar who was posted as Peon be entitled for such promotion.

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The learned Single Judge found that Ext R1(a) gradation list was issued in year 2000 and there was no challenge made to it. Hence there could be no fault found in the action of the University. The learned

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counsel for the petitioner however points out that Ext R1(a) separately graded the seniority of Class IV employees in the two categories ie, in the category of Peons and in the category of Sweepers/Cleaners/ Chowkidars. Specific reliance is also placed on Ext P1 decision of the University.

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The resolution of the Syndicate as is seen

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from Item No. 227.26 reads as follows:

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Resolved that:

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Sweepers/Cleaners/Chowkidars who have completed 3 years of service in the respective posts be posted as peons according to seniority as and when vacancies arise.

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Class IV employees having VIII Standard qualification be promoted to the vacant posts of Library/Laboratory Assistant.

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The specific contention of the appellants is

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that posting as Peons in accordance with the said decision is not a promotion. The University and the party respondents would on the contrary contend that the fact that they got an additional increment indicates a promotion.

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We are of the opinion, on a reading of the resolution, that there is no promotion indicated when a

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person, from the post of Sweepers/Cleaners/Chowkidars is posted as a Peon. The posting is akin to a higher grade being granted. The Sweepers/Cleaners/Chowkidars with three years of service are posted as Peons presumably due to the difference in nature of work in the two categories. This does not at all deviate from the fact that both the posts are in the Class IV service of the University. They were also drawing identical pay when appointed to and continuing in the different posts.

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From among the Class IV employees there

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was a promotion avenue to the vacant posts of Laboratory/Library Assistants which has to be in accordance with the seniority. Hence, there should be a common seniority in the two category of posts for the purpose of considering the promotion to the post of Laboratory/Library Assistants. We on the said finding reverse the judgment of the learned Single Judge finding that the promotion should be on the basis of the common seniority in the post of Peons/Sweepers/Cleaners/ Chowkidars, the senior being the first appointment in whichever post the appointment was made.

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WA.No.1705 of 2013 9

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The learned Standing Counsel for the

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University submits that as of now none of the petitioners or the party respondents are in the service except R13 who is in a totally different category. Considering the fact that the appellants had approached this Court while they were in service at the time of consideration of promotion it is only proper that they be given the benefit, atleast notionally. The University hence shall consider whether the appellants on the basis of the seniority would be entitled to be promoted from the Class IV category to the post of Laboratory/Library Assistants. If any person junior to the appellants have been so posted before the retirement of the appellants then from the date of promotion of that junior the appellants shall be given the notional benefit of promotion without any claim to back wages. The appellants last pay drawn shall be fixed in accordance with the entitlement of the appellants

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to the promotion post of Laboratory/Library Assistants. The pension shall also be fixed in accordance with that and any arrears due on pension shall be disbursed to the appellants.

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The Writ Appeal stands allowed. The above exercise shall be completed within a period of three months from the date of receipt of a certified copy of this judgment. No order as to costs.

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K.VINOD CHANDRAN, JUDGE

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V.G.ARUN, JUDGE

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Ismail.C.K. v. Cochin Univerfsity of Science and Tgechonology

Case brief

What is this about?

What did the court decide?

Ismail.C.K. v. Cochin Univerfsity of Science and Tgechonology

Case brief

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