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MOHAMMED NIAS C. P.
Jayakumar G – Appellant
Versus
Kerala Agricultural University – Respondent
JUDGMENT :
The petitioner, appointed as a Farm Assistant (Agricultural Grade-II) in the Kerala Agricultural University by an order dated 14-08-1997, was later appointed as Technical Assistant as per order dated 3-4-1998 on the basis of an internal selection.
2. On completion of 8 years of service in that grade, he was granted time bound higher Grade, and the petitioner was promoted as Technical Officer Gr.II by order dated 3-6-2010 with effect from 21-4-2006. While the petitioner was holding a substantive post of Technical Officer Grade II in the University, the University issued a notification dated 9-10-2007, inviting applications for appointment to the post of Assistant Professors in various disciplines as per Ext. P3 notification. Petitioner applied for the post of Assistant Professor in the discipline of Agronomy and was appointed as per the order of the university dated 8-8-2011 as Assistant Professor in the scale of pay of Rs. 15600-39100. He was posted as Assistant Professor in Agronomy at Krishi Vigyan Kendra, Kannur, on relieving him from the post of Technical Assistant Grade -II on 16-08-2011. An agreement dated 17-8-2011 was also executed with the university.
3. Petitioner
Kerala State and subordinate Service Rules shall be applicable to University employees till such time University adopts its own service rules.
The main legal point established is that pay protection under clause 11(a)(i)(a) of the University Statute applies only if the employee holds a lien on a permanent post and is not applicable to direc....
Rule 28(A) of Part I KSR would apply only in cases where the anomaly arises out of fixation of pay pursuant to a pay revision order and that it does not apply to an anomaly arising as a result of tim....
The main legal point established in the judgment is the interpretation and application of Rule 23 of the Gujarat Civil Services (Pay) Rules, 2002 in the context of pay protection for employees transi....
Prior service in equivalent grade must be recognized for promotion benefits despite differences in pay scale.
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.
In case of appointment to another service/cadre or department on direct recruitment basis, pay drawn by government servant at the time of his appointment to another service remains protected – There ....
UGC Regulations on appointment of teachers prevail over conflicting State Government Orders, mandating adherence to UGC standards for designation and pay fixation post-tenure.
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