VISHWANADHAN Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
LAWS(KER)-2017-3-77
HIGH COURT OF KERALA
Decided on March 20,2017

Vishwanadhan Appellant
VERSUS
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY Respondents


Referred Judgements :-

DAMODARAN V. DR. PANKRAS [REFERRED TO]
BASAWARAJ VS. SPL. LAND ACQUISITION OFFICER [REFERRED TO]
CHAMAN LAL VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

Dama Seshadri Naidu, J. - (1.)Introduction :
Denied promotion for his lacking the qualification, an employee stagnated in the post, and later retired. He found another person, similarly situated, given the benefit of higher scale of pay by the employer. The employee claims it to be a "long-standing practise." He applies for the benefit on the principle of parity; the benefit denied, he approached this Court. The fulcrum of his case is discrimination. Has he been discriminated against? The answer : No.

Facts:

(2.)K.R. Viswanadhan, the petitioner, joined the respondent University on 1.8.1978 as a Gardener-cum-Road Mazdoor. During his tenure, he obtained promotions, the last one being Selection Grade Assistant in CUSAT. Though Viswanadhan's juniors were promoted to the next higher post-Section Officer-he stagnated as Selection Grade Assistant because he did not possess graduation, the basic qualification for the next promotion. Viswanadhan retired on 31.3.2011.
(3.)While Viswanadhan was serving, the respondent University extended the benefit of higher scale of pay to one Mr. P.A. Thomas, said to be similarly placed as Viswanadhan was. The benefit was extended because Mr. P.A. Thomas could not be promoted to a higher post for he lacked qualification. Calling this conferment of higher pay a long-standing practise in the university, Viswanadhan too sought that benefit. When the University, through Ext.P10 proceedings, refused to accede to Viswanadhan's request, he filed the writ petition.
Submissions :

Petitioner's :



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