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2023 Supreme(Ker) 154

P. B. SURESH KUMAR, SOPHY THOMAS
Kerala Agricultural University – Appellant
Versus
K. Rajmohan, S/o. M. Karthikeyan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Robson Paul, adv
For the Respondent: P.V.Jayachandran

JUDGMENT :

P.B.Suresh Kumar, J.

This appeal is directed against the judgment dated 30.06.2022 in W.P.(C) No.5529 of 2018. The appellants were respondents 1 and 2 in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

2. The petitioner was a teacher in the Kerala Agricultural University (the University). The matter relates to the claim made by the petitioner for stepping up of his pay in tune with the pay of one Dr.B.Balakirshnan, allegedly a teacher junior to him, with effect from 01.01.1986. The premise on which the aforesaid claim was made by the petitioner is that a senior cannot be paid a lesser salary than his junior. The learned Single Judge who considered the writ petition along with an identical writ petition took the view that the issue is covered in favour of the petitioner by the decision of the Division Bench in Kerala Agricultural University v. Elizabeth K. Syriac, 2022 SCC OnLine Ker 1376 and consequently, allowed the writ petition and directed the University to step up the pay of the petitioner on par with the pay of his so called junior and disburse him the consequential monetary benefits. The

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