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Judgment
Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers:
(i) That the respondents No. 1 and 2 may be directed to pay due and admissible arrears of salary after giving him permissible four increments for M.Phil and Ph.D qualifications from due dates and after granting annual increments on due dates by treating his joining as 27.7.2005.
(ii) That the respondents No. 1 and 2 may be directed to pay due allowances as admissible in the case of Lecturers working in government Institutes keeping in view the revision of pay scale
w.e.f. 1.1.2006.
(iii) That the respondents No. 1 and 2 may be directed to make payment to appropriate authority towards Contributory Provident Fund (CPF) and consequently, the petitioner may be held entitled to the amount payable under such Fund at the time of leaving job under respondent No. 1 i.e. 14.10.2009.
(iv) That respondent No. 3 may directed to ensure the compliance of Rules, Regulations and Ordinances framed by it as applicable to the respondent No. 1 Institute and in case of failure of the later the respondent No. 1 Institute may be disaffiliated and coercive method to comply with the Ordinance passed by respondent University may be directed to be adopted by the respondent No. 3 University against the respondent No. 1 Institute.
(v) That on the arrears payable the respondents No. 1 and 2 may be directed to be paid with interest at the rate of 12% p.a. from the date the petitioner is entitled to such arrears and interest would be counted from the date the same became payable to the petitioner as stated above.
The petitioner joined the respondent Institute in the year 2005 and left the Institute in the year 2009. The issue basically pertains to the fixation of pay, granting the benefit of advance increments. Without treating it as a precedent and as a special case, the Institute has now fixed the pay of the petitioner in the scale of Rs. 8000-275-13500 (pre-revised) and last pay as Rs. 10,200/-.
Though, the learned counsel for the petitioner vehemently made a submission for arrears also, in view of the fact that the petitioner did not have any grievance for the last few years and that his grievance apparently appears to be for a proper fixation in the Institute, where he has joined now, now that Institute as a special case, has fixed the pay without taking the available contentions to them, we are of the view that the petitioner should be satisfied with the proper fixation, though belatedly claimed by him, having been granted by the Institute. Therefore, this writ petition is disposed of in view of the fixation made by the respondent Institute, as stated above. The revised last pay certificate will be issued to the petitioner immediately. Pending application(s), if any, also stands disposed of.