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2022 Supreme(Online)(KER) 943

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943 WP(C) NO. 20155 OF 2021 PETITIONER:

K.VIJAYAKUMARAN AGED 57 YEARS S/O.VIJAYAN NAIR, KANDATH HOUSE, H.NO.34, SREELAKSHMI NAGAR, MANNUTHY P.O., THRISSUR, PIN-

680651.

BY ADVS.

R.T.PRADEEP M.BINDUDAS K.C.HARISH RESPONDENTS:

1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY REPRESENTED BY ITS REGISTRAR, POOKODE, LAKKIDI P.O., WAYANAD-673573.

2 FINANCE OFFICER, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O., WAYANAD-673573.

3 PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PRC-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

4 JOINT DIRECTOR, LOCAL FUND AUDIT, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O., WAYANAD-

673573.

5 DIRECTOR OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, VTH FLOOR, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

BY ADV AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, WAYANAD SMT SURYA BINOY, SR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['R T PRADEEP', '', 'M BINDUDAS', 'K C HARISH', 'AYSHA YOUSEFF', 'SC', 'KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY', 'WAYANAD']

JUDGMENT

The petitioner states that he entered the service of the Kerala Agricultural University as a Pump Operator Grade-II on 09.06.2008. He was granted promotion to the post of Pump Operator Grade-I with effect from 01.04.2010. Later, he joined the service of the Kerala Veterinary and Animal Sciences University from 01.05.2011 onwards by exercising the option. The petitioner contends that he was granted the scale of pay applicable to the post of Pump Operator (Senior Grade) as per the 9th pay revision order and also given the benefit of the 10th pay revision order for the promotion post of Pump Operator with effect from the respective date of promotion. It was while working as aforesaid that he had retired from service on attaining superannuation while officiating in the post of Pump Operator.

2. The petitioner contends that the 1st respondent, in contemplation of the superannuation of the petitioner, forwarded to the 4th respondent, the quantification of monthly pension, DCRG, Commuted Value of Pension and terminal surrender of leave by reckoning the last pay drawn on the basis of scale of pay on the last two promotion posts officiated by the petitioner as a Pump Operator (Senior Grade) and Pump Operator (Selection Grade). The 4th respondent, however, declined the last pay drawn for computation of the terminal benefits on the premise that the last two promotion posts of the petitioner had been abolished by the Government.

3. It is contended that his pay in the post of Pump Operator Grade-I was reckoned for the purpose of quantification of terminal benefits. This according to the petitioner is in clear violation of the law laid down by this Court in Exts.P1 and P2. In the said circumstance, the petitioner is stated to have submitted Ext.P7 representation before the 2nd respondent seeking to refix his pensionary benefits by reckoning the last two promotions preceding to superannuation and the last pay drawn by him on the basis of the scale of pay of the last two promotions. It is contended that, by Ext.P8 order which is dated 17.1.2017, the 1st respondent, in implementation of the directions issued by this Court in Exts.P1 and P2, has implemented the decisions of the management to have parity with the Kerala Agricultural University. The petitioner asserts that being in service of Kerala Agricultural University on 01.02.2012, he is also entitled to have the benefit of ratio promotion in the wake of Exts.P1 and P2 and in terms of Ext.P8 order.

4. It is contended that persons similarly placed as the petitioner herein has approached this Court and this Court, by Ext.P9 judgment, has held that the objections raised against the promotion of the employees of the 1st respondent referring to the 9th pay revision order will not stand in the eye of law in view of the law laid down by this Court in Exts.P1 and P2. It is in the afore circumstances that the petitioner has approached this Court seeking the following reliefs:

i. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents to determine the monetary benefits to petitioner such as pension and other terminal benefits like D.C.R.G., commuted value of pension and terminal leave surrender by reckoning the last pay drawn on the basis of the last two ratio promotions as Pump Operator (Senior Grade) and Pump Operator (Selection Grade) preceding to his superannuation in compliance with Exhibits P1 and P2 Judgments and in terms of Exhibit-P8 order and extending the benefit of Exhibit-P9 Judgment and to pay the monetary benefits so fixed within such time fixed by this Hon’ble Court;

ii. To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibits-P5 and P6 and quash the same to the extent of denial of pension and other terminal benefits without reckoning the last pay drawn on the basis of the last two ratio promotions preceding to his date of retirement.

5. A counter affidavit has been filed by r

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