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. 29719 OF 2021
PETITIONERS:
1 DR.KRISHNAKUMAR V
AGED 62 YEARS
S/O.P.VASUDEVAN NAIR, LEKSHMI BHAVAN, PRAYAR.P.O, ALAPPUZHA-
690547.(RETIRED ASSOCIATE PROFESSOR, DEPARTMENT OF ENGLISH,
M.S.M.COLLEGE, KAYAMKULAM).
2 DR.VARGHESE THOMAS,
AGED 62 YEARS
S/O.G.THOMAS, MATTAPPALLIL BETHEL, K.P.A.C.JUNCTION,
KAYAMKULAM,
ALAPPUZHA -690502, (RETIRED ASSOCIATE PROFESSOR, DEPARTMENT OF
POLITICAL SCIENCE,M.S.M.COLLEGE,KAYAMKULAM).
3 KRISHNAN UNNI.P.S,
AGED 63 YEARS
S/O.SEKHARAN, KAMBATTIMOOTTIL, KANDALLOOR SOUTH.P.O,
MANIVELIKKADAVU, ALAPPUZHA-680535.(RETIRED ASSOCIATE PROFESSOR,
DEPARTMENT OF POLITICAL SCIENCE M.S.M.COLLEGE, KAYAMKULAM).
4 PARAMESWARAN PILLAI.V.S,
AGED 60 YEARS
S/O P.SIVASANKARA PILLAI, VADAMPIL, KANDALLOOR NORTH,
PATTOLI.P.O,
ALAPPUZHA-690531.(RETIRED ASSOCIATE PROFESSOR, DEPARTMENT OF
HINDI,
M.S.M.COLEGE,KAYAMKULAM).
5 DR.V.S.RADHAKRISHNAN,
AGED 60 YEARS
S/O.K.SREEDHARAN, NAVAM, JAWAHAR NAGAR,142 A, PATTATHANAM.P.O,
KOLLAM-691021.(RETIRED ASSOCIATE PROFESSOR, DEPARTMENT OF
MALAYALAM, M.S.M.COLLEGE, KAYAMKULAM).
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
WP(C) NO. 29719 OF 2021
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2 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
CROSS JUNCTION, KADAPPAKADA, KOLLAM-691001.
4 KERALA UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, PALAYAM,
THIRUVANANTHAPURAM-695001.
BY ADV SHRI.THOMAS ABRAHAM,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29719 OF 2021
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JUDGMENT
The issues - both legal and forensic, involved in this case, have already been answered by this Court in the judgment in W.P. (C)No.18010/2021 and connected mattes.
2. Since the petitioners are identically situated as the petitioners in the afore judgment, I am certain that they are entitled to the same relief, as has been offered therein.
Resultantly, I dispose of this Writ Petition, declaring that the petitioners were not and are not legally entitled to be paid any amounts in addition to their salary and allowances for the purpose of evaluating answer scripts, which this Court certainly affirms to be part of their duties; however, with a direction to the competent Authority of the Government to first decide whether the recovery of the amounts paid as early as in the year 2010-2011 should and can be effected at this point of time, as has been attempted to be done through the impugned orders. This shall be done after affording an opportunity of being heard to the petitioners and to such other interested persons, as also to the officers concerned of the Universities, if they are so interested in offering their version; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than two months from the WP(C) NO. 29719 OF 2021 4 date of receipt of a copy of this judgment.
Needless to say, depending upon the decision to be taken as afore and if it is to be found that the recovery is not permissible solely because of the efflux of time, then necessary steps to disburse the said amounts to the petitioners shall be completed without any avoidable delay, but not later than two months thereafter.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 29719 OF 2021 5 APPENDIX OF WP(C) 29719/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE G.O(P)NO.26/2016/G.EDN., DATED 21-12-2016 ISSUED BY THE FIRST RESPONDENT Exhibit P2 TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 13.02.2019 IN W.P.(C)NO.41567 OF 2017 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P3 TRUE PHOTOSTAT COPY OF THE G.O.
(RT)NO.32/2020/H.EDN. DATED -06.01.2020 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE PHOTOSTAT COPY OF THE COMMUNICATION BEARING NO.D6/7186/2020/DCEDDKLM, DATED 21-10-2020 ISSUED BY THE 3RD RESPONDENT, ALONG WITH ENG.TRANSLATION Exhibit P5 TRUE PHOTOSTAT COPY OF THE LETTET NO.M AND CII/1/2019, DATED 07.01.2020, ALONG WITH ENG. TRANSLATION.
Exhibit P6 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 18-
08-2020 IN W.P.(C)NO.16960 OF 2020 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P7 TRUE PHOTOSTAT COPY OF THE STAY ORDER, DATED 06.09.2021 IN W.P(C)NO.18010 OF 2021.
Exhibit P8 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE COMMUNICATION GIVEN BY THE 4TH RESPONDENT TO THE PRINCIPAL M.S.M.COLLEGE, KAYAMKULAM, DATED 28.01.2021, ALONG WITH ENG.TRANSLATION.