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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE N.NAGARESH, J
Gopalakrishnan P. S/o. Krishnan P. – Appellant
Versus
Central University of Kerala Represented by Its Registrar – Respondent
JUDGMENT :
N. NAGARESH, J.
The petitioners seek extension of benefit of pay protection approved and ordered by the Executive Council of the Central University of Kerala. The petitioners state that they have been working as regular employees of Banaras Hindu University. When the 1st respondent-Central University of Kerala notified vacancies of Section Officer and Private Secretary, the petitioners appeared in the written examination and skill test and were issued with appointment orders in November and December 2011 respectively as per Exts.P2 and P2(a).
2. The petitioners state that they have joined the 1st respondent-University after obtaining separate relieving letter from Banaras Hindu University, as is evidenced by Ext.P3. The petitioners joined the 1st respondent-University retaining their lien to the post in the Banaras Hindu University. The initial pay of the petitioners in the 1st respondent-University was fixed reckoning a last pay certification issued by the Banaras Hindu University. Exts.P5 and P5(a) would show that the petitioners were granted pay protection.
3. The petitioners state that the petitioners were following under the Statutory Pension Scheme and therefore reques
The court affirmed that pay protection granted by the Executive Council must be honored, and recovery proceedings against employees should be deferred pending clarification from relevant authorities.
Entitlement to retirement benefits must include previously appointed employees despite the introduction of a new pension scheme.
The Syndicate of the University could not have second guessed the selection of the petitioner and the consequent recommendation made for his appointment by the Selection Committee. The decision of th....
Pay protection is a fundamental right under Articles 21 and 300A, and denial based on procedural delays is impermissible.
The court ruled that the petitioner was entitled to pensionary benefits under the CCS (Pension) Rules, 1972, as the decision to extend benefits to similarly situated employees constituted a fresh cau....
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Retired university employee entitled to pension consideration based on prior service.
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
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