Smt. Sasikala Devi. P vs The State of Kerala and Anr.

Court

Supreme Court of India

Date

28 April 2023

Case No.

Civil Appeal No. 8716 of 2012

Result

Disposed

Bench

Abhay S. Oka, Rajesh Bindal

Citation

[2023] 3 S.C.R. 857 : 2023 INSC 447

Headnote

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the employee was promoted as Assistant Grade-I and pay fixed on promotional post – However, on audit the same was withdrawn – Writ petition there against allowed by the Single Judge, however, set aside by the Division Bench – On appeal, held: Employee had already got three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 refixation 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.

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

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