Case Note & Summary
The case involves two civil appeals arising from a Division Bench judgment of the Kerala High Court, which reversed a Single Bench order that had allowed the appellant's writ petition. The appellant was appointed as Assistant Grade-II at the University of Calicut on 04.05.1988, promoted to Assistant Grade-I on 21.12.1989, and transferred to M.G. University on 04.02.1992 under inter-university transfer guidelines. She was further promoted as Senior Grade Assistant on 26.02.1993 and Selection Grade Assistant on 03.03.1999. On 04.11.1999, she applied for inter-university transfer to Kerala University, where she was placed as the junior-most Assistant Grade-II, the entry cadre. On 29.09.2001, her name was included in the list of eligible Assistant Grade-II employees for promotion to Assistant Grade-I, and she was promoted on 22.05.2002. Her pay was fixed on the promotional post, but later withdrawn following an audit objection. The appellant filed a writ petition, which was allowed by the Single Bench. However, the Division Bench reversed the order in an appeal by the State. The Supreme Court noted that there was no error in the pay fixation, as the appellant was entitled to the same benefits as other employees on promotion. Denying such benefits would amount to discrimination. The Court allowed the appeals, setting aside the Division Bench judgment and restoring the Single Bench order.
Headnote
A) Service Law - Pay Fixation - Inter-University Transfer - Discrimination - The appellant, an employee transferred from University of Calicut to Kerala University under inter-university transfer policy, was placed as junior-most Assistant Grade-II and later promoted to Assistant Grade-I. Her pay fixation on promotion was withdrawn due to an audit objection, while other similarly situated employees received the benefit. The Supreme Court held that denying the benefit to the appellant while granting it to others amounts to discrimination, and allowed the appeal. (Paras 1-6)
Issue of Consideration
Whether the denial of pay fixation benefits on promotion to employees who joined through inter-university transfer, while granting the same to other employees, amounts to discrimination.
Final Decision
Appeals allowed. Judgment of Division Bench of Kerala High Court set aside. Order of Single Bench restored.
Law Points
- Pay fixation on promotion
- Inter-university transfer
- Discrimination
- Equal treatment
