SMT. SASIKALA DEVI. P versus THE STATE OF KERALA AND ANR.

Citation: [2023] 3 S.C.R. 857 · Decided: 28-04-2023 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Disposed off

Judgment (excerpt)

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SMT. SASIKALA DEVI. P
v.
THE STATE OF KERALA AND ANR.
(Civil Appeal No. 8716 of 2012)
APRIL 28, 2023
[ABHAY S. OKA AND RAJESH BINDAL, JJ.]
Service Law: Pay fixation – Inter-University transfer –
Fixation of pay of the employee on the promotional post in the
transferee University – Entitlement to benefits of promotion –
Employee appointed as Assistant Grade-II in the University of Calicut
and promoted as Assistant Grade-I – Employee transferred to MG
University and was promoted there – Thereafter, employee applied
for inter-university transfer to Kerela University and was placed as
the junior-most Assistant in the entry cadre of Assistant Grade -II,
the post to which she was appointed in the University of Calicut –
Subsequently, the employee was promoted as Assistant Grade-I and
pay fixed on promotional post – However, on audit the same was
withdrawn – Writ petition there against allowed by the Single Judge,
however, set aside by the Division Bench – On appeal, held:
Employee had already got three promotions before they got
themselves transferred to Kerala University – Salary drawn by them
of the higher post was protected – It was more than what was due to
Assistant Grade-I, the post on which they were promoted even after
being placed as Assistant Grade-II at the bottom of the seniority –
Grant of promotional benefits to the category of persons to which
the employee belong would mean granting them double benefit –
Firstly, they already got in the University they were working when
they were promoted as Assistant Grade-I and secondly when they
were promoted on the same post in transferee University – No reason
to interfere with order of the High Court – No recovery to be made
of any amount already paid to them – However, there can be re-
fixation of pension as per the emoluments appellants were entitled
to – Kerala Service Rules, 1959 – Kerala University First Statutes –
Chapter 4, Statute No. 14A.
State of Punjab and Others v. Rafiq Masih (White
Washter) & Ors. (2015) 4 SCC 334 : ]2014] 13 SCR
1343 – relied on.
[2023] 3 S.C.R. 857
857
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
Case Law Reference
(2015) 4 SCC 334
relied on
Para 12
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8716
of 2012.
From the Judgment and Order dated 23.06.2010 of the High Court
of Kerala at Ernakulam in WA No. 1904 of 2008.
With
Civil Appeal No. 8717 of 2012.
A. Raghunath, Venkita Subramoniam T. R., Likhi Chand Bonsle,
Rahat Bansal, Harsh Anand, V. K. Sidharthan, Advs. for the Appellants.
Nishe Rajen Shonker, Mrs. Anu K Joy, Abraham C. Mathew,
Alim Anvar, G. Prakash, Mrs. Beena Prakash, Advs. for the Respondents.
The Judgment of the Court was delivered by
RAJESH BINDAL, J.
1. This order will dispose of two appeals bearing Civil Appeal
Nos. 8716 and 8717 of 2012.
2. The judgment of the Division Bench of the High Court of Kerala
passed in W.A. Nos.1904 and 1975 of 2008 is under challenge before
this Court. Vide aforesaid judgment, the Single Bench judgment of the
High Court passed in O.P. No.38578/2002 and W.P.(C) No.15190/2006
dated 20.02.2008
3. The facts are being noticed from Civil Appeal No.8716 of 2012,
as common questions of law are involved.
4. The learned counsel for the appellant submitted that the appellant
was appointed as Assistant Grade-II in the University of Calicut on
04.05.1988. She was promoted as Assistant Grade-I on 21.12.1989.
Thereafter, she was transferred to M.G. University on 04.02.1992 in
terms of applicable guidelines for inter-university transfers. On
26.02.1993, she was promoted as Senior Grade Assistant and thereafter,
on 03.03.1999 as Selection Grade Assistant.
5. On 04.11.1999, the appellant applied for inter- university transfer
to Kerala University. As per the policy for inter-university transfer, the
appellant was placed as the junior- most Assistant in the entry cadre of
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Assistant Grade-II, which was the post on which she was appointed in
the year 1988 in the University of Calicut. On 29.09.2001, her name was
included in the list of eligible Assistant Grade-II who were entitled to be
promoted as Assistant Grade-I. On 22.05.2002, the appellant was
promoted as Assistant Grade-I. Her pay was fixed on the promotional
post. However, on an audit objection raised, the same was withdrawn. A
writ petition was filed which was allowed by the Single Bench. However,
in appeal filed by the State, the order was reversed by the Division
Bench of the High Court, which is un

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