Kerala High Court
Sujatha Aniyeri vs Kannur University on 16 August, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(C) NO. 24668 OF 2022
PETITIONER:
SUJATHA ANIYERI, ASSISTANT LIBRARIAN (RTD),
KANNUR UNIVERSITY, RESIDING AT PRADEEPTHAM ,
P.O. VADAKKUMBAD, THALASSERY 670 105.
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
OFFICE OF THE KANNUR UNIVERSITY, THAVAKKARA,
CIVIL STATION P.O, KANNUR 670 002.
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY OF
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
3 DEPUTY DIRECTOR OF LOCAL FUND AUDIT,
KANNUR UNIVERSITY, THAVAKKARA,
CIVIL STATION P.O, KANNUR 670 002.
SMT.PARVATHY K. - GP
SRI.I.V.PRAMOD - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 24668/22
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JUDGMENT
The petitioner says that even though she retired from the services of the 1st respondent - Kannur University as Assistant Librarian on 31.01.2017, her retiral benefits like Gratuity, Leave Surrender Value, Last Pay and arrears of pay and pension have not been fully paid; and thus prays that the University be directed to do so within a time frame to be fixed by this Court.
2. Smt.Jincy Micheal - learned counsel for the petitioner, asserted that her client was granted promotion as Assistant Librarian in the year 2011 under valid orders of the University and therefore, that no cause can be found against her to be denied pensionary and retiral benefits. She, therefore, prayed that the reliefs sought for in this Writ Petition be directed to be acceded to by the University without any further delay.
3. Sri.I.V.Pramod - learned Standing Counsel for the University, submitted that full disbursement of the petitioner's retiral and pensionary benefits have been held up only because an objection has been raised by the Audit Department. He added that one of the objections raised is that the petitioner's promotion, in WPC 24668/22 3 the year 2011, was irregular and granted without her probation in the earlier post being validly declared. However, to a pointed question from this Court, he conceded that the petitioner's promotion was given by the University under valid orders and that it has not been reviewed by them until today.
4. When I consider and assess the afore rival contentions, it is without doubt that the petitioner cannot be put to detriment, even assuming that her promotion had not been proper in the year 2011. This is because, same was offered to the petitioner not because of any reason that can be attributed to her, but based on the decision taken by the Syndicate of the University validly. It is now well settled that a decision of the University cannot be upset in Audit, particularly after several years, especially when such decisions are within their competence, under the applicable Statutes and Regulations.
5. As I have already said above, the petitioner was promoted in the year 2011 and I fail to understand how, therefore, any Audit Objection could have been taken against her nearly 11 years after, especially when she has retired from WPC 24668/22 4 service. As long as the decision to promote her was taken by the Syndicate validly and was not reviewed or set aside through a process of law, no Audit Objection against the same can inure any detriment to her, as has been now attempted.
In the afore circumstances, I allow this Writ Petition and direct the University to ensure that the petitioner is granted the full eligible retiral and pensionary benefits dehors any Audit Objection with respect to her promotion in the year 2011 and subject to every other criteria being satisfied, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment; failing which, it will carry interest at the rate of 8% from the date on which it became due until it is actually paid.
If the afore amounts are paid by the University within the time frame fixed, the petitioner will have full liberty to approach any other competent Forum on the claim for interest, which I leave open to be pursued by her appropriately.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 24668/22
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APPENDIX OF WP(C) 24668/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROMOTION ORDER ISSUED
BY THE REGISTRAR OF KANNUR UNIVERSITY
NO. AD. A3/5812/08 DT. 01.04.2011.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS DECLARING
THE PROBATION OF THE PETITIONER IN THE
CADRE OF ASSISTANT LIBRARIAN (NON UGC)
DT. 01.11.2012.
Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE
REGISTRAR OF KANNUR UNIVERSITY , NO. AD.
A3 5812/08 DT. 03.01.2012.
Exhibit P4 TRUE COPY OF THE CERTIFICATE EVIDENCING
THE PASSING OF NET EXAM DT. 05.06.2015
ISSUED BY UNIVERSITY GRANTS COMMISSION.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE
KANNUR UNIVERSITY NO.
ADMN/ADB3/24561/2018 DT. 17.03.2019.