IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 130 OF 2015
PETITIONER:
E.K.GOVINDA VARMA RAJA, ASSISTANT PROFESSOR,
SCHOOL OF FOLKLORE STUDIES, UNIVERSITY OF CALICUT,
KOZHIKODE DISTRICT.
BY ADV SRI.M.P.SREEKRISHNAN
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS
REGISTRAR, CALICUT UNIVERSITY P.O.,
KERALA-673 635.
2 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., KERALA-673 635.
3 THE HIGHER EDUCATION DEPARTMENT
REPRESENTED BY ITS SECRETARY,
TRIVANDRUM-695 001.
BY ADV
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 130/15
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JUDGMENT
The petitioner was appointed as a Lecturer in the Centre for Folklore Studies of the Calicut University in the year 2013. Subsequently, on the complaint dated 10.10.2013 of another person by name Sri.E.K.Ravi Varma Raja, an enquiry was initiated into his appointment on the imputation that it was in violation of the University Statutes and other mandatory provisions. A senior officer of the Higher Education Department was appointed as the Enquiry Officer and a report was called for.
2. The Government, thereafter, considering the report of the Enquiry Officer, issued Ext.P6 order granting sanction to the petitioner to continue in service 'disregarding the violation of Statutes in his appointment' (sic) for the reason that he had lost his lien in the Zamorin's Guruvayoorappan College, Kozhikode, while he accepted the impugned appointment. The said order also granted sanction for fixing his pay and allowances in the University Grants Commission (UGC) Scale from the date he joined the Calicut University.
WPC 130/15 3
3. The petitioner alleges that, however, even though Ext.P6 order was issued as early as on 19.05.2014, no consequential action was taken thereon; but that, through Ext.P7, Government ordered all action pursuant to it be deferred until further orders. He contends that Ext.P7 is egregiously improper and thus prays that the same be set aside.
4. Sri.M.P.Sreekrishnan - learned counsel for the petitioner, submitted that, as is evident from the Minutes of the meeting of the Syndicate of the University, namely Ext.P8, as also Ext.P9 - which is the communication from the Chancellor of the University, followed by Ext.P10 order, dated 20.11.2014, all benefits to his client were ordered to be granted, but that action pursuant thereto has been now held up solely on account of Ext.P7 order. He, therefore, reiteratingly prayed that this Writ Petition be allowed and Ext.P7 set aside, so that Ext.P10 can be implemented.
5. Sri.P.C.Sasidharan - learned Standing Counsel for the University, submitted that the disputes in this case are essentially between the petitioner and the Government of Kerala and that his WPC 130/15 4 client has no role to play at this stage.
6. Sri.Joshy Thannickamattam - learned Government Pleader appearing on behalf of the official respondents, submitted that Ext.P7 was issued because it had been found that the petitioner's appointment was in blatant violation of the University Statutes. He, however, conceded, to a pointed question from this Court, that it does not say any reason why Ext.P6 order was ordered to be kept in abeyance and that no further orders have been issued, though it was stated therein that it will be done.
7. I have examined Ext.P7, which is the order impugned in this case and, as rightly argued by Sri.M.P.Sreekrishnan, the Government merely says that the regularisation of the appointment of the petitioner is kept in abeyance until further orders. This order was issued as early as on 04.09.2014 and it is conceded that no further directions were issued by the Government subsequent thereto.
8. Therefore, as matters now stand, implementation of Ext.P6 has been delayed ad infinitum, though Ext.P7 does not say why a decision was taken by the Government to keep it in WPC 130/15 5 abeyance. If, Ext.P7 was issued because the Government thought that the appointment of the petitioner was in violation of the University Statutes, then it does not state the reason why the Government had earlier issued Ext.P6, wherein, it has been specifically conceded that the petitioner has been granted approval to continue in service 'disregarding the violation of Statutes in his appointment' (sic). Obviously, Ext.P7 could not have been issued for that reason and it is only anybody's guess why the Government was spurred to issue that order without assigning any reason.
9. Resultantly, I have no doubt that Ext.P7 cannot find my favour and that Ext.P6 order of the Government must be allowed to operate, leading to all necessary consequences.
Resultantly and noticing that Ext.P7 has remained stayed throughout the life of this Writ Petition through interim orders, thus allowing the petitioner to continue in service until he superannuated in the year 2015, I order this Writ Petition and quash the said order.
As a corollary consequence, Ext.P10 will be implemented by WPC 130/15 6 the University in its letter and spirit, adverting to Ext.P6 order of the Government dated 19.05.2014; and all eligible benefits - both service and pensionary - including monetary, will be granted and disbursed to the petitioner within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 130/15
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APPENDIX OF WP(C) 130/2015
PETITIONER EXHIBITS
EXT.P1.A TRUE COPY OF THE LETTER DATED
22/4/2002.
EXT.P2.A TRUE COPY OF THE JUDGMENT IN WPC NO.22535/2008 DATED 6/8/2008.
EXT.P3.A TRUE COPY OF THE ORDER DATED 22/1/2008 CONSTITUTING A SELECTION COMMITEE TO ASSESS THE ELIGIBILITY AND SUITABILITY OF THE PETITIONER EXT.P4.A TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE SYNDICATE OF THE UNIVERSITY OF CALICUT DATED 6/12/2008.
EXT.P5.A TRUE COPY OF THE ORDER DATED 13/2/2013 ISSUED BY THE UNIVERSITY OF CALICUT EXT.P6.A TRUE COPY OF THE ORDER DATED 19/5/2014 ISSUED BY THE 3RD RESPONDENT EXT.P7.A TRUE COPY OF THE ORDER DATED 4/9/2014.
EXT.P8.A TRUE COPY OF THE EXTRACT OF THE MINUTE OF THE MEETING OF THE SYNDICATE OF THE 1ST RESPONDENT UNIVERSITY DATED 20/9/2012.
EXT.P9.A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE CHANCELLOR DATED 26/8/2014.
EXT.P10.A TRUE COPY OF THE ORDER DATED 20/11/2014.