Allowed

Dr.Dinesh C.N v. the Kerala Veterinary and Animal Science University

Kerala HC19 Aug 2022WP(C)/1172/2018

Case brief

AI extract

What is this about?

The Court observed that Respondent 1 had issued orders acceding to the petitioners' promotion claims. While noting no specific order for arrear payment yet, the Court directed the University to pay eligible arrears within six months. If Government concurrence is needed, it must be sought within one month.

What did the court decide?

Arrears of revised pay to be paid within six months from receipt of judgment; Government concurrence, if required, to be sought within one month.

Dr.Dinesh C.N Vs the Kerala Veterinary and… — Pension and Retirement Benefits | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944
WP(C) NO. 1172 OF 2018

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PETITIONERS:

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1 DR.DINESH C.N., AGED 49 YEARS, S/O.C.S.NARENDRANATH, ASSISTANT PROFESSOR, DEPARTMENT OF ANIMALGENETICS & BREEDINGS, COLLEGE OF VETERINARY &ANIMAL SCIENCES, POOKODE, WAYANAD,RESIDING AT "VISWAMBHARA VILAS",CHEMMANGATTU VALAPPIL, CHOORAKKATTUKARA, AMALA NAGAR P.O., THRISSUR DISTRICT.

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2 DR S.ANOOP, AGED 43 YEARS, S/O.DR A.SAINULABDEEN, ASSISTANT PROFESSOR, DEPARTMENT OF SURGERY &RADIOLOGY, COLLEGE OF VETERINARY & ANIMALSCIENCES, MANNUTHY, THRISSUR, RESIDING ATHOUSE NO.2/116A, SREE KRISHNA NAGAR,PATTALAKKUNNU, MANNUTHY P.O., THRISSUR.680 651.

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3 DR JOHN ABRAHAM, ASSISTANT PROFESSOR, DEPARTMENT OF LIVESTOCKPRODUCTION MANAGEMENT, COLLEGE OFVETERINARY & ANIMAL SCIENCES, POOKODE,WAYANAD, RESIDING AT SHARON, SANTHOSH NAGAR,MANNUTHY, THRISSUR.680 651.

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4 DR INDU V.RAJ, ASSISTANT PROFESSOR, DEPARTMENT OF ANATOMY &HISTOLOGY, COLLEGE OF VATERINARY & ANIMALSCIENCES, MANNUTHY, THRISSUR, RESIDING AT 5C,SKYLINE GARLAND, SURYAGRAMOM ROAD, EAST FORT,THRISSUR.680 005.

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5 DR REEJA GEORGE PULINKUNNATHIL, ASSISTANT PROFESSOR, DEPARTMENT OF ANIMALHUSBANDRY EXTENSION, COLLEGE OF VETERINARY &ANIMAL SCIENCES, MANNUTHY, THRISSUR,RESIDING AT MAPPILAPARAMBIL, BEHIND BISHOPSPALACE, EAST FORT, THRISSUR.680 005.

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6 DR V.BEENA, ASSISTANT PROFESSOR, DEPARTMENT OF PHYSIOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT SREENIDHI,SURYA HOMES, FRIENDSHIP ROAD, KUTTANELLUR.P.O,THRISSUR.680 014.

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7 DR BINDU LAKSHMANAN, ASSISTANT PROFESSOR, DEPARTMENT OF PARASITOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT ACHUTHAM,SIVAPURAM ROAD, PATTALAKKUNNU, MANNUTHY.P.O.,THRISSUR.680 651.

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WPC 1172/18

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8 DR RADHIKA G, ASSISTANT PROFESSOR, DEPARTMENT OF ANIMALGENETICS & BREEDING, COLLEGE OF VETERINARY &ANIMAL SCIENCES, MANNUTHY, THRISSUR,RESIDING AT PRATHEEKSHA, TMC 15/507,GREEN LANE, MUKKATTUKARA, NETTISSERY P.O.,THRISSUR.680 651.

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9 DR SHYNU M, ASSISTANT PROFESSOR, DEPARTMENT OF BIOCHEMISTRY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT THANISHK,VINAYAKA COLONY JUNCTION, PUTHUVAYAL.P.O.,KALPETTA.

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10 DR K.RAJI, ASSISTANT PROFESSOR, DEPARTMENT OF VETERINARY PHYSIOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT KANNANKIZHYHOUSE, CHATHAKUDAM, VALLACHIRA P.O.,THRISSUR.680 562.

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11 DR SREERANJINI, ASSISTANT PROFESSOR, DEPARTMENT OF ANATOMY & HISTOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT SREEPRASADAM,SUBASH NAGAR, MANNUTHY.P.O., THRISSUR.680 651.

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12 DR RENUKA NAIR, ASSISTANT PROFESSOR,DEPARTMENT OF LIVESTOCK PRODUCT TECHNOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,POOKODE, LAKKIDI P.O., WAYANAD, RESIDING ATKRISHNAKRIPA, VINAYAKA, MANJALAMKOLLY ROAD,P.O.PUTHURAVAYAL, KALPETTA, WAYANAD.673 577.

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13 DR CHINTU RAVISHANKAR, ASSISTANT PROFESSOR,DEPARTMENT OF VETERINARY MICROBIOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,POOKODE, LAKKIDI P.O., WAYANAD, RESIDING ATMUDRA, HOUSE NO.19, MUDAVANMUGAL, POOJAPPURA, TRIVANDRUM.695 012.

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14 DR T.S.RAJEEV, ASSISTANT PROFESSOR,DEPARTMENT OF ANIMAL HUSBANDARY EXTENSION,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT THEKOOTEHOUSE, MOORKKANIKKARA, MANNUTHY P.O., THRISUR.680 651.

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15 DR PRIYA P.M, ASSISTANT PROFESSOR,DEPARTMENT OF MICROBIOLOGY,COLLEGE OF VETERINARY & ANIMAL SCIENCES,MANNUTHY, THRISSUR, RESIDING AT MELEPATKIZHAKKETHIL HOUSE, SASTHA NAGAR, 6TH STREET,NATTISSERY P.O., THRISSUR.680 651.

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WPC 1172/18

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BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SMT.R.S.ASWINI SANKAR
SRI.T.H.ARAVIND
SRI.S.M.PRASANTH
SRI.T.RAMPRASAD UNNI
SRI.G.RENJITH

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RESPONDENTS:

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1 THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY POOKODE, LAKKIDI.P.O., WAYANAD.673 576, REPRESENTED BY ITS REGISTRAR.

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2STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
(ADDITIONAL R2 IMPLEADED VIDE ORDER DATED
22.02.2018
IN I.A.NO.1912/18)
BY ADVS.
SMT.AYSHA YOUSEFF, SC
SRI.MANU GOVIND, SC
SRI.K.G.SAROJINI – GP
SRI.N.REGHURAJ - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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JUDGMENT

Th e learned counsel for the parties are ad idem that, pending

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this lis, Exts.P20 to P22 have been issued by the University,

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acceding to all the reliefs sought for by the petitioners; and therefore, that substantial part of this Writ Petition is now unnecessary of being considered by this Court on its merits.

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2 . However, Sri.S.M.Prasanth – learned counsel for the

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petitioners, pointed out that, as is evident from Ext.P20, his clients are eligible for fixation of pay in the promoted scale with effect from the date of their revised promotion. He added that, therefore, the University be directed to pay the said amounts within a time frame to be fixed by this Court.

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3 . Sri.Manu Govind – learned Standing Counsel for the University, submitted that though Exts.P20 to P22 accede to most of the requests of the petitioners, no specific orders have been

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issued by the University yet with respect to the payment of the arrears of their pay. He submitted that the University will take a decision on this without any further delay .

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4 . When I consider the afore submissions, it is indubitable

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that all which this Court now requires to consider is the manner in

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which the petitioners and other similarly placed officers are to be paid their eligible arrears of pay, consequent to their fixation in the promoted scale with effect from the revised date of such. Since the University says that it is in the process of issuing appropriate orders in this regard, I am certain that they must be given liberty of doing so.

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Resultantly, I order this Writ Petition, recording that Exts.P20 to P22 have already acceded to the major portion of the petitioners’ claims; with a consequential direction to the competent Authority of the University to ensure that the arrears of revised pay, as mentioned in Ext.P20, is paid not later than six months from the date of receipt of a copy of this judgment.

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If, for the afore purpose, the concurrence of Government is required, the University will seek it within a period of one month

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from the date of receipt of a copy of this judgment; and all necessary action in this regard shall be completed by the competent Authority of the Government within a period of one

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month thereafter.

Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 1172/18

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APPENDIX OF WP(C) 1172/2018

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE ORDER DATED 30.06.2010
ISSUED BY THE UGC.
EXHIBIT P2TRUE COPY OF GO(P)NO.58/2010/H.EDN. DATED
27.03.2010.
EXHIBIT P3TRUE COPY OF CIRCULAR NO.GA/A/2200/2012
DATED 01.09.2012 ISSUED BY THE
RESPONDENT.
EXHIBIT P4TRUE COPY OF THE APPLICATION DATED
10.10.2012 SUBMITTED BY THE 3RD
PETITIONER.
EXHIBIT P5TRUE COPY OF ORDER NO.GA/A/2200/2012
DATED 26.06.2014 ISSUED BY THE
RESPONDENT.
EXHIBIT P6TRUE COPY OF REPRESENTATION DATED
27.06.2014 SUBMITTED BY THE 3RD
PETITIONER.
EXHIBIT P7TRUE COPY OF REPRESENTATION DATED
10.11.2017 SUBMITTED BY THE 3RD
PETITIONER.
EXHIBIT P8TRUE COPY OF ORDER NO.GA/C2/8945/2011(I)
DATED 24.07.2013 OF THE KERALA
AGRICULTURAL UNIVERSITY.
EXHIBIT P9TRUE COPY OF ORDER NO.KVASU/GA-242/2011
DATED 09.05.2011 ISSUED BY THE
RESPONDENT.
EXHIBIT P10TRUE COPY OF ORDER
NO.KVASU/GA/A1/3880/2015 DATED 19.12.2017
ISSUED BY THE RESPONDENT.
EXHIBIT P11TRUE COPY OF REPRESENTATION DATED
28.12.2017 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P12TRUE COPY OF THE PROCEEDINGS OF THE
MANAGING COMMITTEE OF THE RESPONDENT
UNIVERSITY.
EXHIBIT P13TRUE COPY OF CIRCULAR
NO.KVASU/GA/A1/5056/2017 DATED 19.12.2017
ISSUED BY THE RESPONDENT.
EXHIBIT P14TRUE COPY OF THE CHART INDICATING THE
DATE OF ELIGIBILITY AND THE AMOUNT
ACTUALLY PAYABLE TO THE PETITIONERS.
EXHIBIT P14(A)TRUE COPY OF GO(P)NO.392/2010/H.EDN DT
10.12.2010 ISSUED BY R2

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WPC 1172/18

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`EXHIBIT P15`	`TRUE COPY OF THE CIRCULAR DATED` `01.09.2012 ISSUED BY R1 UNIVERSITY` `EXCLUDING THE FORMAT OF APPLICATION.`
`EXHIBIT P16`	`TRUE COPY OF THE CIRCULAR` `NO.KVASU/GA/A1/5056/2017 DT 05.03.2019` `ISSUED BY R1 UNIVERSITY.`
`EXHIBIT P17`	`TRUE COPY OF THE CIRCULAR` `NO.KVASU/GA/A1/5056/2017 DT 06.03.2019` `ISSUED BY R1 UNIVERSITY.`
`EXHIBIT P18`	`TRUE COPY OF THE CIRCULAR` `NO.KVASU/GA/A1/10937/2020 DT 18.03.2021` `ISSUED BY R1 UNIVERSITY.`
`EXHIBIT P19`	`TRUE COPY OF TABLE SHOWING THE DATES OF` `FULFILLING ELIGIBILITY CONDITIONS BY THE` `PETITIONERS FOR CAREER ADVANCEMENT` `PROMOTION IN DIFFERENT STAGES AND THE` `DATES OF PROMOTION GRANTED BY KVASU`
`EXHIBIT P20`	`TRUE COPY OF THE ORDER` `NO.KVASU/GA/A1/6715/2017(I) DT 07.04.2022` `ISSUED BY R1 UNIVERSITY.`
`EXHIBIT P21`	`TRUE COPY OF THE ORDER` `NO.KVASU/GA/A1/6715/2017 (II) DT` `07.04.2022 ISSUED BY R1 UNIVERSITY.`
`EXHIBIT P22`	`TRUE COPY OF THE ORDER` `NO.KVASU/GA/A1/10937/2020 DT 08.04.2022` `ISSUED BY R1 UNIVERSITY.`
`RESPONDENTS EXTS:`
`ANNEXURE R1(A)`	`TRUE COPY OF THE` `G.O.(P)NO.392/2010/H.EDN. DATED` `10.12.2010`

Dr.Dinesh C.N v. the Kerala Veterinary and Animal Science University

Case brief

What is this about?

What did the court decide?

Dr.Dinesh C.N v. the Kerala Veterinary and Animal Science University

Case brief

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