IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 27750 OF 2019
PETITIONER/S:
1 ASOKAN P.S.
AGED 57 YEARS
S/O.LATE V.N.SANKARAN, RESIDING AT PULPARAMBIL HOUSE,
EAST MARADY.P.O., MOOVATTUPUZHA-686673
2 SHEEBA P. CHERIYAN
AGED 55 YEARS
W/O.ABRAHAM PHILIP, REFERENCE ASSISTANT, UNIVERSITY
LIBRARY, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI
HILLS, ATHIRAMPUZHA.P.O., KOTTAYAM-686560 RESIDING AT
ARUKANNIL HOUSE, VELLOOR(P.O), KOTTAYAM-686501
3 SHYAMA K.R
AGED 51 YEARS
W/O.C.PARAMESWARA KARTHA, REFERENCE ASSISTANT, SCHOOL
OF SOCIAL SCIENCES, MAHATMA GANDHI UNIVERSITY,
PULLARIKUNNU, KOTTAYAM-686041 RESIDING AT
NADUVATHEZHATHU HOUSE, CHERTHALA-688529
4 SUNNY.CP.
AGED 50 YEARS
S/O.C.T.POULOSE, REFERENCE ASSISTANT, SCHOOL OF
CHEMICAL SCIENCES, MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, ATHIRAMPUZHA.P.O., KOTTAYAM-686560
RESIDING AT CHULLY HOUSE, THELLAKOM.P.O., KOTTAYAM-
686630
5 SALAHUDDEEN PUTHU OTAYIL
AGED 50 YEARS
S/O.ABDULKHADER.P.O., REFERENCE ASSISTANT, MAHATMA
GANDHI UNIVERSITY STUDY CENTRE, PALA-686574. RESIDING
AT ANEESHA MANZIL, AMAN JUNCTION, NADAKKAL,
ERATTUPETTA.P.O., KOTTAYAM-686121
BY ADVS.
ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.N.R.REESHA
SMT.T.S.LIKHITHA
RESPONDENTS:
1 THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS.P.O,
ATHIRAMPUZHA, KOTTAYAM, PIN-686560
WP(C) NO. 27750 OF 2019 2
2 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O,
ATHIRAMPUZHA, KOTTAYAM PIN-686560
BY ADV SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
SRI SURIN GEORGE IPE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27750 OF 2019 3
JUDGMENT
The petitioners, who concede to have retired from the services of the Mahatma Gandhi University (M.G. University) on attaining the age of superannuation, have approached this Court being aggrieved by Ext.P16, whereby, their services from the date of initial appointment till the date of superannuation, have been refused to be reckoned for the purpose of qualifying service.
2. The petitioners say that the post of Library Assistant is included in Statute 44, Part C of Chapter 45 of the M.G. University Statutes and that it is one of the non-teaching posts so created. They say that the respondents themselves have admitted, in Ext.P8 order, that they are governed by Section 80 of the M.G. University Act; and thus that they became entitled to be construed as regular employees, being eligible to pensionary benefits and other allowances sanctioned to its employees under Section 81 of the said Act.
3. The petitioners assert that, therefore, the action of the respondents, in rejecting their claims through Ext.P16, particularly after their probation had also been declared as per law, is untenable; and thus, prays that the reliefs sought for in this writ petition be granted.
WP(C) NO. 27750 OF 2019 4
4. Sri.K.R.Ganesh - learned counsel appearing for the petitioners, additionally submitted that in the case of an identically situated person, Ext.P17 order has been issued, resultant to which she was granted all eligible benefits from the Kerala University. He, therefore, prayed that this writ petition be allowed because Ext.P17 would cover the case of his clients also, since the person mentioned therein was transferred from the M.G. University to the Kerala University.
5. Sri.Surin George Ipe - learned Standing Counsel for the M.G. University, on the contrary, submitted that this writ petition is not maintainable because the petitioners' claims have not been formally rejected, nor have they assailed Ext.P16 order in this writ petition. He submitted that, therefore, if the petitioners are so desirous, the competent Authority of the M.G. University can consider their claims and issue an appropriate order; however, praying that this Court may not make any affirmative declarations in their favour and leave it to be decided by the said Authority as per law.
6. When I consider the afore submissions, it is indubitable that judicial review can be invoked only when a final decision is taken by the competent Authority. In this case, though Ext.P16 refers to the claims of the petitioners, a final decision as regards the same has not WP(C) NO. 27750 OF 2019 5 been recorded therein, though it passingly indites that they are not entitled to the same. That apart, the legal contentions of the petitioners, namely with respect to their status in the University as regular employees, as also the applicability of Ext.P17 to persons like them, have not been considered by the competent Authority of the M.G. University as of now.
I am, therefore, certainly of the view that the petitioners' claims will be required to gain the attention of the M.G. University appropriately; for which purpose, I issue the following directions:
(a) The petitioners will be heard by the competent Authority of the M.G. University within a period of two weeks from the date of receipt of a copy of this judgment, during which process, they will be entitled to produce all documents, including Ext.P17 and such other materials they intend to rely upon in substantiation of their plea, which shall also be adverted and reflected in the resultant order.
(b) On the hearing being so completed, the competent Authority will issue an order to the petitioners and ensure that it is communicated to them within a period of one month thereafter.
(c) All the contentions of the rival parties are left open to be pursued during the afore exercise and I also leave liberty to the WP(C) NO. 27750 OF 2019 6 petitioners to approach this Court again, after the resultant order is communicated to them, if it becomes so warranted.
Needless to say, if the petitioners or any of them are now being paid provisional pension, such status will continue until the above exercise is completed and the resultant order communicated to them.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/9.6 WP(C) NO. 27750 OF 2019 7 APPENDIX OF WP(C) 27750/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 18.5.1995 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P3 TRUE COPY OF THE ORDER NO.2107/88/AD.AV(1) DATED 16.11.2000 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXHIBIT P4 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 5.1.1999 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER EXHIBIT P5 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 16.2.1999 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER EXHIBIT P6 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 3.3.1999 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXHIBIT P7 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 24.4.2001 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER EXHIBIT P8 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 5.12.2000 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXHIBIT P9 TRUE COPY OF ORDER NO.20/2002/AV(1)/ADMN.DATED 28.11.2002 ISSUED BY THE 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONERS 1 AND 5 EXHIBIT P9(A) TRUE COPY OF ORDER NO.20/59/2000/AD.A5(1)/ADMN.DATED 01.11.2000 ISSUED BY THE 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONERS 2,3 & 4 EXHIBIT P10 TRUE COPY OF ORDER NO.2476/AV(1)/2007/ADMN.DATED 5.11.2007 ISSUED BY THE 2ND RESPONDENT REGULARIZING THE SERVICE OF THE 1ST PETITIONER AND OTHERS.
EXHIBIT P11 TRUE COPY OF ORDER NO.6037/AV(1)/2009/ADMN.DATED 31.01.2009 ISSUED BY THE 2ND RESPONDENT PROMOTING THE 1ST PETITIONER AS TECHNICAL ASSISTANT.
EXHIBIT P12 TRUE COPY OF ORDER NO.6281/AV(1)/2017/ADMN.DATED 26.10.2017 ISSUED BY THE 2ND RESPONDENT GRANTING 2ND HIGHER GRADE TO THE 1ST PETITIONER WP(C) NO. 27750 OF 2019 8 EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS NO.KSAMGUA2/39/18 DATED 12.2.2018 ISSUED BY THE JOINT REGISTRAR, LOCAL FUND AUDIT DEPARTMENT EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS NO.KSAMGUA2/630/2018 DATED 04.2.2019 ISSUED BY THE JOINT REGISTRAR, LOCAL FUND AUDIT DEPARTMENT TO THE 2ND RESPONDENT EXHIBIT P15 TRUE COPY OF THE NOTE NO.ADAV/LFA/LA/REPORT/2018 DATED 7.09.2018 SENT BY THE 2ND RESPONDENT TO THE ACCOUNTANT GENERAL EXHIBIT P16 TRUE COPY OF THE ORDER NO.1791/A10/2018/ADMN DATED 4.6.2019 ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(A) A TRUE COPY OF THE LETTER 05/04/2018. EXHIBIT R2(B) A TRUE COPY OF THE LETTER NO.KSA MGU A2/202/18 DATED 24.04.2018.
PETITIONER EXHIBITS EXHIBIT P17 TRUE COPY OF THE DISCHARGE SUMMARY DATED 19.4.2022 ISSUED TO THE 1ST PETITIONER FROM ST.MARY'S HOSPITAL, IDUKKI ROAD, THIRUPUZHA.
EXHIBIT P17 TRUE PHOTOCOPY OF THE ORDER NO.AD.AIII.1/SP/28194/2017 DATED 25.10.2017 ISSUD BY THE UNIVERSITY OF KERALA EXHIBIT P18 TRUE PHOTOCOPY OF THE ORDER UO NO.4013/AV-
1/2013/ADMIN DATED 4.8.2014 ISSUED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P19 TRUE PHOTOCOPY OF THE ORDER UO NO.327/ADAV-1/61/2015/ADMIN DATED 14.1.2015 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.