IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
WP(C) NO. 13440 OF 2022
PETITIONER:
S.SREEKUMARAN, ASSISTANT LIBRARIAN, COLLEGE OF
AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM, RESIDING AT
KAVUVILA PUTHENVEEDU, ATHAZAMANGALAM, NEYYATTINKARA
P.O, THIRUVANANTHAPURAM - 695121.
SRI.P.V.JAYACHANDRAN
SRI.VENU MENON
RESPONDENTS:
1 THE KERALA AGRICULTURAL UNIVERSITY (KAU)
VELLANIKKARA, THRISSUR - 680656, REPRESENTED BY ITS
REGISTRAR.
2 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL
UNIVERSITY, VELLANIKARA, THRISSUR, 680656, REPRESENTED
BY ITS VICE CHANCELLOR.
3 THE REGISTRAR, THE KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA P.O, THRISSUR - 680656.
SMT.K.L.LAKSHMI RANI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13440 OF 2022
2
JUDGMENT
When this matter was called today, the learned counsel on both sides were ad idem that the legal and forensic issues involved in this case have been answered by a learned Division Bench of this Court in Ext.P7 judgment.
2. However, the learned standing counsel for the University - Smt.Lakshmi Rani, submitted that the petitioner will not be able to obtain any relief in this writ petition because he was not a petitioner in the writ petition from which the afore judgment arose; and also because the petitioners therein are still awaiting concurrence of the enhancement of their retirement age from the Government.
3. I am afraid that I cannot find favour with the afore submissions of Smt.Lakshmi Rani because, when the law has been declared by this Court through Ext.P7, it applies to all the employees of the University.
4. I am, therefore, firm that the reliefs obtained by the petitioners in Ext.P7 must inure and be applicable to the petitioner herein also.
5. In the afore circumstances, the competent Authority of the University is directed to consider the claim of the WP(C) NO. 13440 OF 2022 3 petitioner, adverting to Ext.P7 judgment and after affording him an opportunity of being heard; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioner, any action for terminating him from service shall be deferred.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 13440 OF 2022 4 APPENDIX OF WP(C) 13440/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NEW AND RESTRUCTURED POST GRADUATE CURRICULA AND SYLLABI - 2009.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF POST GRADUATE CURRICULA AND SYLLABI 2009 FOR M.SC (AGRICULTURE, HORTICULTURE, HOME SCIENCES, FORESTRY AND C & B) & PHD. Exhibit P3 TRUE COPY OF THE LETTER NO.EXT.P5/10 DATED 06.12.2010 OF THEN ASSOCIATE DIRECTOR & HEAD.
Exhibit P4 TRUE COPY OF THE LETTER DATED 11.10.2011 BY THE COURSE TEACHER.
Exhibit P5 TRUE COPY OF THE LETTER NO. IBC/07/2011 DATED 4.4.2012 BY THE COURSE DIRECTOR. Exhibit P6 TRUE COPY OF THE ORDER NO.A.W/01/PG/2012 DATED 6.8.2012 OF THE PROFESSOR (ACAD PG). Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT IN W.A NO. 1950, 1895, 1907 OF 2016 DATED 13.04.2018.
RESPONDENT EXHIBITS Exhibit R3 A TRUE COPY OF THE RELEVANT PORTIONS OF CURRICULA AND SYLLABI -2009 OF PG PROGRAMMES.
Exhibit R3 B TRUE COPY OF THE UNIVERSITY ORDER NO.ACAD/B2/2016/101/4792 DATED 26.5.2016 Exhibit R3 C TRUE COPY OF THE DECISION OF 574TH MEETING OF EXECUTIVE COMMITTEE DATED 16.11.2018 WP(C) NO. 13440 OF 2022 5 Exhibit R3 D TRUE COPY OF THE UNIVERSITY LETTER GA/J3/162137/2016 DATED 15.12.2018 Exhibit R3 E TRUE COPY OF THE GOVERNMENT LETTER NO.AF2/40/2019/AGRI DATED 10.6.2020