WA 1340/2017 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday,the 26th day of February 2021/7th Phalguna, 1942
WA No.1340/2017
Against Judgment dated 21.2.2017 in WPC No.594/2012 of this Court.
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APPELLANT/5TH RESPONDENT:
For
SUJITH information
S.S.,THRIVENI, NELLANADU, purpose only
VENJARAMOODU, NEDUMANGAD, THIRUVANANTHAPURAM-695607.
BY ADV SRI.A.L.NAVANEETH KRISHNAN
RESPONDENTS/PETITIONERS AND RESPONDENTS 1,2,3,4 AND 6 TO 13;
1. JOSE VARGHESE,(ASSISTANT, UNIVERSITY OF KERALA),
TC 10/1700-1, KRWA 212, KUTHIRAKKADU LANE, VETTIYOORKKAVU,
THIRUVANANTHAPURAM-695013.
AND 27 OTHERS.
BY ADVS M/S. SRI.SAJI VARGHESE & MARIAM MATHAI FOR R1,3,4 TO 11,
13,15 & R16.
GOVERNMENT PLEADER FOR 19 & R20.
SRI.THOMAS ABRAHAM, STANDING COUNSEL FOR R18.
SRI.LIJU M.P. FOR R2 & R12.
SMT.ANIMA M. FOR R27
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be
pleased to stay the operation of the judgment dated 21.2.2017, of the
learned Single Judge in W.P.C. No.594 of 2012 and connected cases
pending disposal of the Writ Appeal.
This Writ Appeal coming on for orders on 26.02.2021 upon perusing the
appeal memorandum, the court on the same day passed the following:-
WA 1340/2017 2/5
A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
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WA Nos.706,788, 773, 926, 1280, 1279, 1142, 1306, 1305, 1309, 1394, 1389, 1390, 1393, 1341, 1422, 1340, 1339, 1456, 1421, 1498, 1419, 1455, 1420, 1838, 1308, 1307, 1701 & 1736 of 2017 For information purpose only
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Dated this the 26th day of February 2021 COMMON ORDER Heard the learned counsel for the appellants and respondents in the above captioned writ appeals. Order dated 27-07-2017 was passed by this Court in W.A Nos.706 & 788 of 2017, which reads as follows :
" The service of notice on all the respondents remains complete. Therefore, the interim order already issued is extended until further orders. We are informed that pursuant to the judgment appealed against, promotions have been granted to all the respondents. In view of the above, there shall be an interim direction to the University not to disburse the monetary benefits including arrears due to the promoted respondents, pursuant to the promotions granted."
2. Later in the captioned appeals, the following order was passed on 18-12-2018 :
" Counsel for the appellant submits that in many of the cases in this batch, service remains incomplete on some of the respondents. Though the respondents had entered appearance through counsel in the writ petition, they have not chosen to enter appearance in the writ appeal. The counsel, therefore, seeks permission to complete service of notice by serving notice in the writ appeal on the respective counsel, who were appearig for the respondents in the writ petition. The request is accepted. The counsel is permitted to complete service on the respondents, on whom notice is remining incomplete, by serving copies of the writ appeals on the respective counsel appearing for them in the writ petition."
WA 1340/2017 3/5
3. Thereafter, University of Kerala (second respondent in W.A No.706 of 2017) filed an interlocutory application viz.; I.A No.1 of 2019 requesting this Court to vacate the interim order dated 27-07-2017. So far no order has been passed on that application.
4. Learned Senior and other learned counsel appearing for the contesting For information purpose only respondents vehemently argued before us that the order passed by this Court on 27-07-2017, which is extended to other writ appeals as well, causes serious prejudice to the contesting respondents working in the respondent University. They are prevented from not only drawing salary in the promoted post, but also some of them are not able to claim emoluments pertaining to their entry post. According to them, some monitary claimes relate back to 2008.
5. Learned counsel for the appellant in Writ Appeal No.926 of 2017 and the learned counsel appearing for the appellants in 23 other cases contended that the contesting respondents are not entitled to get salary in the promoted post because their entry into the service itself is through illegal means. However, we find that it is a disputed proposition which has to be decided at the time of disposal of this batch of writ appeals.
6. In many of the writ appeals, service of notice on many respondents have not been completed so far. Having regard to the facts and circumstances, we are of the view that the interim order passed by this Court on 27-07-2017 needs to be modified in the following manner to balance the rights of the parties as we do not find any prejudice caused to the appellants or anybody opposing the salary claims of the contesting respondents in the event of modifying the order. In order to secure the interest of the respondent University, following directions are incorporated.
WA 1340/2017 4/5 The respondent employees, who are working now in the respondent University in promoted posts shall be disbursed salary, if they fulfill the following conditions :
1. Each one of them shall execute and file a bond in favour of the University of Kerala unconditionally undertaking to repay the amount depending For information purpose only on the outcome of the writ appeals.
2. Each of them shall also file an affidavit before this Court unconditionally undertaking that they will repay the amount received as salary to the University subject to the directions in the judgment of this Court in the captioned writ appeals.
3. The respondent employees shall execute the bonds and file the affidavits as above within three weeks from today. If they fulfill the above conditions, the respondent University shall disburse salary to respondent employees in the manner permitted by law.
Learned counsel for the appellants requested this Court to permit them to take notice to the unserved respondents through the counsel, who will be filing affidavits on behalf of the contesting respondents. It is also submitted that if any respondent did not file affidavit through a lawyer, they will take notice to such respondent by deputing a special messenger through the Registrar of the respondent University, if the respondent employee is still working in the University. If any of them do not work in the University, notice will be served on them personally.
Post on 19-05-2021.
Sd/-
A.HARIPRASAD,JUDGE Sd/-
ZIYAD RAHMAN A.A.,JUDGE
WA 1340/2017 5/5
/true copy/
Sd/-
ASSISTANT REGISTRAR
For information purpose only