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2025 DIGILAW 1214 (KER)

Ajith Kumar G. S/o Govinda Pillai v. Cochin University of Science and Technology, Kochi

2025-05-19

N.NAGARESH

body2025
JUDGMENT : 1. The petitioners, who are working as Professors and Associate Professors in the School of Engineering under the 1 st respondent-University, have approached this Court, seeking to quash Ext.P7 and to direct respondents 1 and 2 to immediately disburse the Pay Revision Arrears as ordered in Ext.P5 within a time frame to be fixed by this Court with interest at the rate of 6% per annum from the date of due till the date of disbursement. 2. The petitioners state that they were appointed as per the provisions of the Cochin University Act, 1986 and the subordinate statutes, rules and ordinance. The challenge is against Ext.P7 decision of respondents 1 and 2, whereby Ext.P6 order has been cancelled abruptly. As per Ext.P6, the University had decided to implement AICTE directive for the Pay Revision of the teaching staff under the University. The arrears of Pay Revision was directed to be disbursed to two instalments. 3. The petitioners state that the first instalment was for the year 2019-2020 and the second instalment is from 2020-2021. All the Teachers under the University in different departments were given the benefit. However, the decision was cancelled abruptly without any reason as per Ext.P7. Therefore, Ext.P7 is under challenge. 4. Counsel for the petitioner would point out that the University had constituted a Committee to make recommendations for Pay Revision and disbursement of arrears. The Committee ultimately recommended as per Ext.P4, to disburse the Pay Revision Arrears of the regular Teachers of the School of Engineering (SOE) and the Cochin University College of Engineering, Kuttanadu (CUCEK) during the period of 01.04.2009 to 31.03.2021 in two instalments by meeting its expenditure from the Pension Term Deposit of the respective Institutions. The first installment of arrears for the period from April, 2019 to March, 2020 to be paid in the Financial Year 2023-2024 and the second installment of the arrears for the period April, 2020 to March, 2021 in the Financial Year 2022-2023. When the Committee made such a positive recommendation, the respondents are not justified in withholding the arrears of Pay Revision benefits based on Ext.R2(a) Circular dated 29.02.2022 issued by the Government of Kerala. 5. Counsel for the petitioners further submitted that the decision to withhold arrears of Pay Revision is primarily intended to apply only to the Government Servants. When the Committee made such a positive recommendation, the respondents are not justified in withholding the arrears of Pay Revision benefits based on Ext.R2(a) Circular dated 29.02.2022 issued by the Government of Kerala. 5. Counsel for the petitioners further submitted that the decision to withhold arrears of Pay Revision is primarily intended to apply only to the Government Servants. As the Cochin University of Science and Technology has funds for disbursement of Pay Revision Arrears, meeting its expenditure from Pension Term Deposit, there cannot be any prohibition in disbursement of the Pay Revision Arrears to employees. 6. Counsel for the petitioners further pointed out that as can be seen from Ext.P6, the Syndicate of the University had resolved on 17.01.2024 to release AICTE, 2016 Pay Revision Arrears for the period from April, 2019 to March, 2020. In the facts of the case, Ext.P7 is illegal and is liable to be set aside. Consequential direction to the University has to be issued to disburse arrears of Pay Revision to the petitioners at the earliest, urged the Counsel for the petitioners. 7. Respondents 1 and 2 entered appearance and resisted the writ petition. The respondents submitted that the 1 st respondent-University is a Grant-in-aid Institution and therefore Exts.R2(a) Circular and R2(b) Order of the Government of Kerala are binding on it. It was after Ext.P5 order of the University to release of Pay Revision Arrears, the Government has issued Exts.R2(a) and R2(b). If the University implements Ext.P5 without considering Exts.R2(a) and R2(b) of the Government of Kerala, that will have wide ramifications on the financial benefits being received by the University from the 3 rd respondent. 8. I have heard the learned Counsel for the petitioners and the learned Standing Counsel representing respondents 1 and 2. 9. There is no dispute that the Pay Revision was effected and the petitioners are eligible for the benefit under the Pay Revision. The grievance of the petitioners is regarding non-payment of the Pay Revision Arrears. In the matter of grant of arrears of Pay Revision, the University Syndicate has resolved as can be seen from Ext.P6, to release the Pay Revision Arrears for the period from April, 2019 to March, 2020. This resolution of the Syndicate was made on 17.01.2024. The grievance of the petitioners is regarding non-payment of the Pay Revision Arrears. In the matter of grant of arrears of Pay Revision, the University Syndicate has resolved as can be seen from Ext.P6, to release the Pay Revision Arrears for the period from April, 2019 to March, 2020. This resolution of the Syndicate was made on 17.01.2024. Ext.P4 report dated 24.06.2022 of the Sub Committee constituted by the Syndicate would show that the Committee has considered the fund position of SOE and CUCEK. 10. The Committee observed that the receipts and payment in SOE and CUCEK are not in good position and moving in an alarming way. The Committee decided to recommend to take steps to increase the fund position of these Institutions either by increasing the fee of B.Tech Degree Programme in CUSAT. The Government of Kerala has ordered that disbursement of arrears on account of Pay Revision shall be deferred till the financial position of the State is made conducive to disburse Pay Revision Arrears. 11. By Ext.R2(a) Circular dated 29.12.2022, the Government of Kerala, Finance (Pay Research Unit) directed that all Universities/Grant-in-aid Institutions drawing Grants from the Government are strictly directed to refrain from issuing any such orders extending benefits such as Dearness Allowance arrears, Dearness Relief arrears, Pay Revision arrears etc., without prior approval from Government, otherwise it will be forced to withhold the grant/financial support extended to such Institutions without any prior notice. 12. By Ext.R2(b) Government Order dated 21.01.2023, the Government ordered that the instalments of arrears on account of 7 th Pay Revision under UGC/AICTE Scheme to various categories of employees and Teachers irrespective of their Departments/Institution, which are due for payment from January, 2023 onwards are withheld till the position of State Finances improves or Government issues further necessary directions/orders in this regard. 13. In view of Exts.R2(a) and R2(b) orders/directions, the University has addressed Ext.R2(c) letter to the Government seeking sanction to disburse the second instalment of arrears for the period from April, 2019 to March, 2020 to the Teachers of SOE and CUCEK in the financial year 2023-2024. It has been stated in Ext.R2(c) that the SOE and CUCEK are Institutions that conduct courses in self-financing mode and intend to pay the arrears from their own funds. 14. It has been stated in Ext.R2(c) that the SOE and CUCEK are Institutions that conduct courses in self-financing mode and intend to pay the arrears from their own funds. 14. Ext.P4 report of the Sub-Committee constituted by the syndicate of the University to study various aspects including financial position related to SOE, CUCEK and KMSME has also recommended that the arrears can be disbursed. This recommendation has been made after considering the fund position as per annual accounts. 15. Considering the fact that the University is intending to pay the arrears utilising own funds of self-financing Institutions, I am of the view that the Government can consider the question of grant of sanction, without awaiting for the financial position of the State to improve. The Government has retained its discretion to order so in Ext.R2(b) Government Order. 16. The writ petition is therefore disposed of directing the 1 st respondent to consider Ext.R2(c) letter dated 02.03.2024 of the Registrar of the University and take appropriate decision thereon as expeditiously as possible and at any rate within a period of two months.