The judgment of the Division Bench of the High Court of Kerala passed in W.A. On 26.02.1993, she was promoted as Senior Grade Assistant and thereafter, on 03.03.1999 as Selection Grade Assistant.
On 29.09.2001, her name was included in the list of eligible Assistant Grade-II who were entitled to be promoted as Assistant Grade-I. On promotion from Assistant Grade-II to Assistant Grade-I, they will not be entitled to upgradation of their salary for the reason that they were already getting salary of even a higher post namely Senior Grade Assistant.
There is no dispute on the facts that in terms of the policy provided for inter-university transfers on reciprocal basis, an employee transferred to another University shall rank junior most in the entry grade of the category concerned.
In case he was drawing under the parent University pay above the minimum and equal to a stage in the scale of pay of the post in this University service, his pay will be fixed at that stage and if the pay he was drawing under his parent University is not a stage in the scale of pay of the post in this University service, it will be fixed at the next lower stage, the difference being treated as personal pay to be absorbed in future increases of pay.”
( emphasis supplied ) 9.
Any promotion of a transferred employee from Assistant Grade-II to Assistant Grade-I will not entitle her of any benefit of higher scale or even increment, which is applicable to the employees normally promoted for the reason that these special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.
At the time of the hearing, it was submitted that all the appellants who were given the benefits have retired from service and recoveries were sought to be made from them though they were not at fault in grant of those benefits at the time of promotion.
______________, J.
Case Title: SMT. SASIKALA DEVI P. Vs. THE STATE OF KERALA (2023 INSC 447)
Case Number: C.A. No.-008716-008716 / 2012
