IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
CON.CASE(C) NO. 1889 OF 2022
AGAINST THE JUDGMENT IN WP(C) 1778/2021 OF HIGH COURT OF KERALA
PETITIONER:
GEORGE T., S/O.LATE THOMAS
AGED 50 YEARS
I GRADE ELECTRICIAN, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM, RESIDING AT
MORNING STAR, VADDIYIL THOPPE,
NEAR B.P.C.L., MEENAMKULAM, KAZHAKUTTOM,
THIRUVANANTHAPURAM, PIN - 695582.
BY ADVS.
B.MOHANLAL
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
RESPONDENTS:
1 DR.K.S.ANIL KUMAR
FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER,
THE REGISTRAR, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
2 DR.V.P.MAHADEVAN PILLAI
FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER,
THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SRI.THOMAS ABRAHAM - SC, KERALA UNIVERSITY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C)NO.1889/2022 2
JUDGMENT
The petitioner alleges that Annexures A2 and A3 orders issued by the respondents are in blatant disregard to the directions of this Court in the judgment in W.P(C)No.1778 of 2021 dated 19.7.2022.
2. Sri.B.Mohan Lal - learned counsel for the petitioner, pointed out that though this Court had directed the respondents to consider his client's claim for promotion without insisting that he ought to have been promoted either as Overseer Gr.I or Gr.II, purported in compliance of the same, Annexures A2 and A3 record the decision to promote him as Overseer Gr.II, but subject to the concurrence of the Chancellor. He submitted that this is an impossibility and the reasons for this are already available in the judgment itself.
3. I must say that I find some force in the afore submissions of Sri.B.Mohan Lal because, this Court has already found that petitioner cannot be promoted as Overseer Gr.II or Gr.I, since same has been abolished. Therefore, Annexures A2 and A3, to the extent to which it orders his promotion as Overseer Gr.II and then seeking the concurrence of the Chancellor, do not appear to be in consonance with the spirit of the judgment.
4. Sri.Thomas Abraham - learned Standing Counsel for the respondent - University, submitted that if this Court is not inclined CON.CASE(C)NO.1889/2022 3 to accept Annexures A2 and A3, then liberty may be offered to his clients to reconsider the matter; however, with the petitioner being directed to accept a commensurate post subject to his qualifications.
5. Indubitably, what this Court directed was that petitioner be afforded promotion to a post which is commensurate to his qualifications and by no stretch of imagination can the directions be construed that he can be given a post to which he is not entitled to.
In the afore circumstances, I close this contempt case, recording the submissions of Sri.Thomas Abraham that Annexures A2 and A3 will stand withdrawn and that the competent Authority will reconsider the matter in terms of the judgment, after affording the petitioner a fresh opportunity of being heard.
I make it clear that all liberties to the competent Authority to take a decision as per law and in terms with the judgment, are left open.
Needless to say, the afore shall be done as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/3.11 CON.CASE(C)NO.1889/2022 4 APPENDIX OF CON.CASE(C) 1889/2022 PETITIONER ANNEXURES Annexure-A1 CERTIFIED COPY OF THE JUDGEMENT IN WP(C) NO: 1778/2021 DATED 19/07/2022 Annexure-A2 TRUECOPY OF THE ORDER DATED 19/08/2022 BY THE 2ND RESPONDENT Annexure-A3 TRUECOPY OF THE ORDER DATED 26/09/2022 BY THE 1ST RESPONDENT Annexure-A4 TRUECOPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 06.11.2020 RESPONDENT ANNEXURES ANNEXURE R1(a) The true copy of the Amendment Proposal to the schedule to Kerala University First Ordinance, 1978 ANNEXURE R1(b) The relevant portion of the minutes of the meeting of the Syndicate held on 18.03.2022 ANNEXURE R1(c) The true copy of the minutes of the meeting of the Senate held on 25th and 26th March 2022