Transferred employees are entitled to protection from drop of emoluments and their pay drawn is to be treated as personal pay under inter-university transfer policy.

JUDGMENT :

(Rajesh Bindal, J.)

1. This order will dispose of two appeals bearing Civil Appeal Nos. 8716 and 8717 of 2012.

2. The judgment of the Division Bench of the High Court of Kerala passed in W.A. Nos.1904 and 1975 of 2008 is under challenge before this Court. Vide aforesaid judgment, the Single Bench judgment of the High Court passed in O.P. No.38578/2002 and W.P.(C) No.15190/2006 dated 20.02.2008 was reversed.

3. The facts are being noticed from Civil Appeal No.8716 of 2012, as common questions of law are involved.

4. The learned counsel for the appellant submitted that the appellant was appointed as Assistant Grade-II in the University of Calicut on 04.05.1988. She was promoted as Assistant Grade-I on 21.12.1989. Thereafter, she was transferred to M.G. University on 04.02.1992 in terms of applicable guidelines for inter-university transfers. On 26.02.1993, she was promoted as Senior Grade Assistant and thereafter, on 03.03.1999 as Selection Grade Assistant.

5. On 04.11.1999, the appellant applied for interuniversity transfer to Kerala University. As per the policy for inter-university transfer, the appellant was placed as the junior-most Assistant in the entry cadre of Assistant Grade-II, which was the post on which she was appointed in the year 1988 in the University of Calicut. On 29.09.2001, her name was included in the list of eligible Assistant Grade-II who were entitled to be promoted as Assistant Grade-I. On 22.05.2002, the appellant was promoted as Assistant Grade-I. Her pay was fixed on the promotional post. However, on an audit objection raised, the same was withdrawn. A writ petition was filed which was allowed by the Single Bench. However, in appeal filed by the State, the order was reversed by the Division Bench of the High Court, which is under challenge in the present appeal. In fact, there was no error in fixation of pay of the appellants as they were to be given benefits, which were being given to other employees on promotion. If not given to the appellants, it would amount to discrimination.

6. On the other hand, learned counsel for the respondents submitted that there was apparent error in fixation of pay of the appellants on the promotional post. Prior to their transfer in Kerala University, they had already got three promotions and their salary was fixed in terms of the applicable Rules. In inter-university transfer, they were placed at the bottom of the seniority list of Assistant Grade-II, however, their pay was protected. On promotion from Assistant Grade-II to Assistant Grade-I, they will not be entitled to upgradation of their salary for the reason that they were already getting salary of even a higher post namely Senior Grade Assistant. There is no error in the order passed by the Division Bench of the High Court.

7. Heard learned counsel for the parties and perused the paper books.

8. Writ Petition came to be filed as audit objection was raised regarding wrong refixation of the pay of the appellants. The issue involved in the appeals is regarding fixation of pay of the appellants on the promotional post in the transferee University. There is no dispute on the facts that in terms of the policy provided for inter-university transfers on reciprocal basis, an employee transferred to another University shall rank junior most in the entry grade of the category concerned. Even an example has also been given, namely, a Senior Grade Assistant or Assistant Grade-I, if transferred shall be appointed as junior-most Assistant Grade-II. The previous service is not to be counted towards seniority. The only protection given is regarding the pay drawn by such employee. Such higher pay was to be treated as personal pay. The relevant Statute No. 14A of Chapter 4 of Kerala University First Statutes applicable for inter-university transfer is extracted below:

“14A. Posting of employees on transfer from other Universities: The Syndicate may, on request from the employees concerned, sanction, posting of employees