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. 15961 OF 2022
PETITIONER:
RAJU GEORGE, AGED 64 YEARS
S/O. K.P.VARKEY (LAE), KUTTIKKATTU, AMALAGIRI P.O,
KOTTAYAM - 686561.,
(RETIRED PRINCIPAL, MARY MATHA ARTS & SCIENCE COLLEGE,
MANANTHAVADY, WAYANAD).
BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 THE DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS
BHAVAN, THIRUVANANTHAPURAM-695033.
5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOZHIKODE,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
MANANCHIRA, KOZHIKODE - 673001.
6 THE PRINCIPAL, MARY MATHA ARTS & SCIENCE COLLEGE,
MANANTHAVADY, WAYANAD - 670545.
ADV.M.R.SREELATHA (SPL. G.P)
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. 15961 OF 2022
2
JUDGMENT
The petitioner impugns Ext.P6 on the specific contention that it has been issued thoughtlessly and without proper application of mind, particularly when he had, through Ext.P5, made certain specific request with respect to his pay scale in his position as a Principal of the college.
2. Sri.M.S.Radhakrishnan Nair, learned counsel for the petitioner, submitted that, as is evident from Ext.P6, the Government has rejected his client's claims merely saying that, when there is a conflict between the Government order and UGC Regulations, the former will prevail and therefore, that his request to grant him the benefits of the latter Regulations cannot be considered. The learned counsel submitted that Ext.P6, therefore, has not considered any of the facets of law in its proper perspective; and thus prayed that it be quashed, and the competent Authority be directed to reconsider his client's claim in terms of law.
3. Smt.M.R.Sreelatha - learned Special Government Pleader for Finance, submitted that Ext.P6 was not issued on Ext.P5, but on a representation dated 11.12.2020 made by the petitioner to the Hon'ble Minister for Finance. She argued WP(C) NO. 15961 OF 2022 3 that since the said representation has not been brought on record, the petitioner cannot maintain this writ petition since, as said above, Ext.P6 was issued in relation to the contents of the same alone.
4. However, she then fairly submitted that if the petitioner only requires Ext.P5 to be taken up and disposed of as per law, she would not stand in the way of appropriate orders being issued by this Court; but praying that no affirmative declarations be made with respect to any reliefs sought for by him and leave it to the competent Authority to take an apposite decision on it in terms of law.
5. In the afore circumstances, I am certain that Ext.P5 will require to be reconsidered by the competent Authority because Ext.P6 has not been issued on its basis, but on the subsequent representation made by the petitioner before the Hon'ble Minister for Finance, which he normally ought not to have done, since the said Authority, as is well known, is only involved in the policy decisions and not day to day implementations of the UGC Regulations or Government Orders.
6. Resultantly and for the reason above alone, I set aside Ext.P6, without entering into the merits of any of the WP(C) NO. 15961 OF 2022 4 contentions of the rival parties; with a consequential direction to the competent Authority of the Government to reconsider Ext.P5 representation of the petitioner, after affording him an opportunity of being heard; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 15961 OF 2022 5 APPENDIX OF WP(C) 15961/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER NO, MMC/ESTT/B1/TS/1/2006 DATED 25.3.2006 ISSUED BY THE MANAGER, MARY MATHA ARTS & SCIENCE COLLEGE, MANANTHAVADY.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE 6TH UGC PAY REVISION REGULATIONS.
Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF G.O(P) NO. 58/2010/H.EDN DATED 27.03.2010 ISSUED BY THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE PAY FIXATION DUE TO THE PLACEMENT DATED 24.11.2020 BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 8.3.2013 TO THE FIRST RESPONDENT REQUESTING TO GRANT ENTRY LEVEL PAY AS PRESCRIBED IN EXT.P2.
Exhibit P6 TRUE COPY OF THE REPLY NO. 1720826/EDN-
C1/38/2021-FIN DATED 3.5.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF ORDER G.O(P) NO.
392/2010/H.EDN DATED 10.12.2010 ISSUED BY THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF LETTER NO. GS3-2576/2021 DATED 11.10.2021 SENT BY THE PRINCIPAL SECRETARY TO GOVERNOR.
Exhibit P9 TRUE COPY OF LETTER NO. 1 36/2009-U-II DATED 26.08.2010 ISSUED BY THE DIRECTOR, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION.