KERALA AGRICULTURAL UNIVERSITY versus B.K. JAYACHANDRAN ETC.

KERALA AGRICULTURAL UNIVERSITY versus B.K. JAYACHANDRAN ETC.

Associate Professors (Non-Cadre) promoted before cutoff date under University orders are statutorily protected; they are entitled to UGC/ICAR revised scale of pay only from date of promotion as Associate Professor (Non-Cadre), not earlier.

Parties
Appellant: Kerala Agricultural University; Respondent: B.K. Jayachandran; Respondent: P.V. Jaychandran
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals dismissed
Legal Topics
Promotion, Pay Scale Revision, Statutory Protection for Promotion, Ugc/icar Schemes, Time Bound Grade Promotion
Service Law Promotion Pay Scale Revision Statutory Protection for Promotion Ugc/icar Schemes Time Bound Grade Promotion

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Parties

Kerala Agricultural University

Appellant

B.K. Jayachandran

Respondent

P.V. Jaychandran

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether Associate Professors (Non-Cadre) are entitled to revised UGC/ICAR pay scale from date of promotion
  2. 2 Statutory protection of promotions made prior to policy revisions

Ratio Decidendi

Associate Professors (Non-Cadre) promoted before cutoff date under University orders are statutorily protected; they are entitled to UGC/ICAR revised scale of pay only from date of promotion as Associate Professor (Non-Cadre), not earlier.

Court Disposition

Appeals dismissed

Orders

  • Benefit of revised scale of pay of Rs.3700-5700 to contesting respondents only from date of promotion as Associate Professor (Non-Cadre)
  • University to disburse monetary benefits within three months