Kerala High Court
Dr.Usha Narayana Pillai vs The Registrar on 17 November, 2010
Author: T.R. Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 19TH DAY OF JANUARY 2012/29TH POUSHA 1933
WPC.No. 19353 of 2011 (T)
-------------------------
PETITIONER(S):
-------------
DR.USHA NARAYANA PILLAI,
ASSOCIATE PROFESSOR, DEPARTMENT OF CLINICAL
VETERINARY MEDICINE, COLLEGE OF VETERINARY AND
ANIMAL SCIENCES, MANNUTHY RESIDING AT, THIYYAKODATH
THODUPUZHA, IDUKKI.
BY ADV. SRI.P.V.JAYACHANDRAN
RESPONDENT(S):
--------------
1. THE REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA
THRISSUR-680 654.
2. THE COMPTROLLER,
KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA
THRISSUR-680 654.
3. ADDL.R3 THE REGISTRAR,
KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY POOKOT, WYNAD.
(ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 24.08.11
IN IA 14024/11)
ADDL.R4: THE STATE OF KERALA REPRESENTED BY THE AGRICULTURAL PRODUCTION
COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM695 001.
(ADDL. R4 IMPLEADED AS PER ORDER IN IA 18789/2011 DT.19.1.2012)
R,R1 BY SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER
R,ADDL.R3 BY SRI.MILLU DANDAPANI
R4 BY GOVERNMENT PLEADER SHRI BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-
2012, ALONG WITH WPC. 19354/2011, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WPC 19353/2011
APPENDIX
EXT.P1-TRUE COPY OF ARREAR BILL
EXT.P2-TRUE COPY OF DO. DATED 17.11.2010
EXT.P3-TRUE COPY OF MINUTES OF THE EXECUTIVE COMMITTEE HELD ON 30.4.2011
EXT.P4-TRUE COPY OF DOCUMENT DT.1.1.2008
EXT.P5-TRUE COPY OF LETTER DT.20.9.2010
EXT.P6-TRUE COPY OF LETTER DT.20.6.2011
EXT.P7-TRUE COPY OF ORDER DT.21.10.2011
EXT.P8-TRUE COPY OF RELEVANT PORTION OF THE FINAL AGENDA IN THE
GENERAL BODY MEETING OF THE GENERAL COUNCIL DT.6.8.2011
RESPONDENTS' EXTS:
EXT.R1(A)-TRUE COPY OF GOVERNMENT LETTER DT.7.5.2011 AND MINUTES OF
GOVERNMENT LEVEL MEETING HELD ON 3.5.2011
EXHIBIT PRODUCED ALONG WITH COUNTER AFFIDAVIT DT.27.10.2011
EXT.R1(A) - TRUE COPY OF UNIVERSITY ORDER DTG.21.4.2008
EXHIBITS PRODUCED ALONG WITH COUNTER AFFIDAGIT DT.2.11.2011
EXT.R1(A)-TRUE COPY OF UNIVERSITY ORDER DT.21.4.2008
EXT.R1(B)-TRUE COPY OF GO DATED 25.6.1990
EXT.R1(C)-TRUE COPY OF GO DATED 21.12.1999
EXT.R1(D)-TRUE COPY OF GO DATED 27.3.2010
// TRUE COPY //
P.S. TO JUDGE
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) Nos. 19353 & 19354 of 2011
- - - - -- - - - - - - - - - - - - - - - - - - - -
Dated this the 19th day of January, 2012
JUDGMENT
In both these writ petitions the petitioners are seeking for a direction to the Kerala Agricultural University to disburse various benefits under the respective U.G.C. Schemes.
2. In W.P.(C) No.19353/2011 the petitioner is an Associate Professor in the Department of Clinical Veterinary Medicine, College of Veterinary and Animal Sciences, Mannuthy and in W.P.(C) No.19354/2011 the petitioner is a Professor in the same Department. The case of the petitioner in W.P.(C) No.19353/2011 is that she entered service as Assistant Professor by direct recruitment on 25.11.1988. Ext.P1 is the copy of the arrear bill submitted by the petitioner pursuant to the pay slip issued to her, claiming an amount of Rs.1,62,274/- as arrears of salary under 1986 and 1996 U.G.C. Schemes. The same has not been disbursed. After 2006 U.G.C. Scheme was introduced, the petitioner was inducted to the said Scheme which is effective from 1.1.2006. A pay slip dated 13.10.2010 was issued for receiving arrears under the 2006 U.G.C. Scheme for the period from 1.3.2010 to September, 2010 and the arrear bill submitted is produced WPC.19353 & 19354/2011 2 as Ext.P2. The amount claimed therein is Rs.2,04,277/-. Later, for the period from 1.1.2006 to 28.2.2010, a decision was taken by the Executive Committee as per Ext.P3 to issue pay slips to teachers and therefore the petitioner is entitled for the said benefit also. This is the background of the said writ petition.
3. In W.P.(C) No.19354/2011 the petitioner was appointed as Assistant Professor by direct recruitment on 16.3.1996. Pursuant to the pay slip issued, the petitioner submitted Ext.P1 arrear bill claiming an amount of Rs.3,18,592/- under the 1996 U.G.C. scheme. Ext.P2 is the bill for arrears of surrender of Earned Leave. The petitioner was later inducted to the 2006 U.G.C. Scheme also, consequent on which, a pay slip dated 18.12.2010 was issued, authorising to receive arrears from 1.3.2010, instead of 1.1.2006. Ext.P3 is the arrear bill thus submitted by the petitioner for a total amount of Rs.2,02,463/- for the period from 1.3.2010 to December 2010. Ext.P4 is the minutes of the Executive Committee deciding to issue pay slip for getting arrears of salary from 1.1.2006. The said benefit is also sought for by the petitioner.
4. After the Kerala Veterinary and Animal Sciences University was established, the petitioners have opted to join the said University and WPC.19353 & 19354/2011 3 accordingly their services have been transferred to the said University with effect from 1.5.2011. The said University has been impleaded as additional third respondent.
5. After hearing parties, this Court passed an interim order dated 2.9.2011 directing the first respondent University to disburse the amounts directly to the petitioner or transfer the funds to additional third respondent University within ten days, for enabling the additional third respondent to disburse the funds to the petitioners. There was a further direction to the additional third respondent that if the first respondent University transfers the funds to the said respondent, then the payments will be effected by the additional third respondent University. Again, the first respondent filed I.A. No.15348/2011 in W.P.(C) No.19353/2011 and I.A. No.15349/2011 in W.P. (C) No.19354/2011, to vacate the said interim order. The matter was heard and the said applications were rejected by order dated 26.9.2011. The petition to vacate the interim order has been filed stating that in the light of Section 55 of the Kerala Veterinary and Animal Sciences University Act, 2010 the obligation to disburse the salary including arrears is on the additional third respondent.
6. Later, counter affidavits have been filed by the first respondent WPC.19353 & 19354/2011 4 pointing out that under the U.G.C. Scheme the State Government has not released the various amounts to meet the obligations and therefore the State Government was impleaded as additional fourth respondent. A statement has also been filed by the additional fourth respondent. In the said statement the details of grants sanctioned from ICAR/State Government for payment of UGC arrears, have been shown. Paragraph 3 therein is reproduced below:
"3. It is respectfully submitted that details of grants sanctioned from ICAR/State Government for the payment of UGC arrears are furnished below:
a) 1986 UGC The details of grant received from ICAR/State Government for the payment of UGC arrears to teachers from 01.01.1986 to 31.03.1990.
Item Rs. in lakh
1. ICAR share for Plan and non Plan existed as on 01.01.1986 (80% of difference in pay alone): 150.00
2. ICAR share for posts borne under ICAR funded projects (100%) : 70.32
3. Release by State Government : 347.11
b) 1996 UGC The details of grant received from ICAR/State Government for the payment of UGC arrears to teachers from 01.01.1996 to 31.03.2000 WPC.19353 & 19354/2011 5 Item Rs. in lakh
1. ICAR share for Plan and non Plan existed as on 01.01.1996 (80% of difference in pay alone): 1726.46
2. Remaining State share of arrears for the period from 01.01.1996 to 31.03.2000 estimated as Rs.4.79 crore has not been released by State Government so far entire expenditure for the period from 01.04.2000 onwards is to met by State Government/KAU Item Rs. in Lakh
1. Online transfer from ICAR on 21.09.2010 60% of 80% 2006 UGC arrears from 01.01.2006 to 31.3.2010 (except KVK/AICRP) : 3287.142
2. Online transfer from ICAR on 20.06.2011 : 2191.43
3. Release by State Government : 1449.5 In the counter affidavit filed by the first respondent University on 2.11.201 in W.P.(C) No.19353/2011, the stand taken in para 6 is as follows:
"It is submitted that the University has received 80% of ICAR share for the period from 01.01.86 to 31.3.90 (1986 UGC) 01.01.96 to 31.3.2000 (1996 UGC) and 01.01.2006 to 31.3.2010 (2006 UGC). 20% of State share for the period from 01.01.1986 to 31.03.1990 (1986 UGC) and 01.01.2006 to 31.3.2010 (2006 UGC) alone has been received by the University. 20% of State share for the period from 01.01.1996 to 31.3.2000 (1996UGC) has not been WPC.19353 & 19354/2011 6 received. In this context it is submitted that an error occurred in paragraph 3 of the common affidavit dated 04.10.2011 filed in W.P. (C)19353/2011 and 19354/2011. The same may be corrected. It is further submitted that the petitioner has misinterpreted Annexure A1 letter. In the letter it is specifically stated that the Government have not released 20% of the state share of 1996 UGC for the period from 01.01.1996 to 31.3.2000 (Rs.4.79 crores) and the excess expenditure from 01.04.2000."
In para 7, it is stated that the State Government has not increased its grant in aid to the University from 01.04.1990 (1986 UGC), 01.04.2000 (1996 UGC) and 01.04.2010 (2006 UGC) so as to meet the entire liability on account of implementation of UGC as agreed to by the Government in the Government Orders dated 25.6.1990, 21.12.1999 and 27.3.2010. Learned Standing Counsel for the University submitted that the petitioners now, being members of the staff under the additional third respondent University, in the light of Section 55 of the Act, the said University will have to meet the entire obligations.
7. I had examined the above contentions while passing the interim orders. The amounts claimed by the petitioners is the arrears due to them while they were in the service of the first respondent University. There is no dispute regarding this aspect. True that Section 55 provides for transfer WPC.19353 & 19354/2011 7 of certain Colleges, Institutions and employees to the additional third respondent University along with the properties, assets, liabilities and obligations. It is in the light of the said provision for transfer of liabilities, that the learned Standing Counsel for the first respondent University raised a contention that the liability to pay arrears to the petitioners is on the part of the additional third respondent. This argument was stoutly opposed by the learned counsel for the petitioners and the learned Standing Counsel for the additional third respondent University.
8. The arrears of salary under the various UGC Schemes sought for by the petitioners will have to be met by the first respondent University, since they were in the service of the first respondent University. Unless the liability to pay the amount is transferred by actually transferring the funds to the additional third respondent, the additional third respondent cannot meet the said liability, learned Standing Counsel for the additional third respondent submitted. No amounts have been allotted to the additional third respondent by the first respondent University or by the Government to meet these types of liabilities. But the ICAR and the Government have transferred the funds to the first respondent itself to meet the liabilities towards 1986, 1996 and 2006 UGC Schemes, of course under different WPC.19353 & 19354/2011 8 components. Therefore, even if Section 55 of the Act has come to stay, unless the required funds are transferred for meeting the liability, the additional third respondent will not be able to disburse the same. Therefore, I reject the contention of the learned Standing Counsel for the first respondent that the additional third respondent alone is to be burdened with the liability to pay the entire amounts claimed by the petitioner during the period they were in the service of the first respondent University. The interpretation placed on Section 55 of the Act by the first respondent University as argued by the learned Standing Counsel, cannot be accepted. In fact, in the affidavit filed in W.P.(C) No.19353/2011 dated 11.8.2011, it was stated that "in the case of teaching staff transferred to Kerala Veterinary and Animal Sciences University, the proportionate fund to be transferred is being worked out and will be transferred on furnishing the present work of issuing of pay slips based on 2006 UGC scheme to those transferred to Kerala Veterinary and Animal Sciences University. The petitioner's claim can also be settled then and there by the present drawing and disbursing officer in Kerala Veterinary and Animal Sciences University." This averment is repeated in para 7 of the affidavit dated 23.9.2011 and in para 9 of the affidavit dated 4.10.2011 of the first WPC.19353 & 19354/2011 9 respondent. Therefore, the attempt to deny the liability as a whole now cannot be accepted at all.
9. From the statement filed by the State Government, it can be seen that as far as 1986 UGC arrears for the period from 1.1.1986 to 31.3.1990 the Government has released an amount of Rs.347.11 Lakhs. With regard to 1996 UGC arrears, the University has received a sum of Rs.1726.46 Lakhs towards 80% of the ICAR share and the State Government is yet to release the amount of Rs.4.79 crores for the period from 1.1.1996 to 31.3.2000. This statement also indicates that the entire expenditure for the period from 1.4.2000 onwards has to be met by the State Government/Kerala Agricultural University. As far as 2006 UGC arrears from 1.1.2006 to 31.3.2010 is concerned, the ICAR has first transferred 60% of 80% amounting to Rs.3287.142 Lakhs on 21.9.2010 and another amount of Rs.2191.43 Lakhs on 20.6.2011 and an amount of Rs.1449.5 Lakhs was released by the State Government. The State Government has also sanctioned an additional amount of Rs.10 Crores to the first respondent University.
10. In the light of the above, the claim of the petitioners for release of the amounts is justified. The required amounts under the various items WPC.19353 & 19354/2011 10 representing UGC arrears, will be disbursed directly by the first respondent or will be transferred to the additional third respondent University for payment, within a period of one month from the date of receipt of a copy of this judgment. The remaining claims also will be settled as and when funds are released by the State Government/ICAR.
The writ petitions are disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.) kav/