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Kerala High Court
Divya V.R vs State Of Kerala on 21 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 565 OF 2016
PETITIONER:
DIVYA V.R
AGED 35 YEARS
ASSISTANT PROFESSOR, DEPARTMENT OF POLITICALSCIENCE,
SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR,
KOTTAYAM DISTRICT.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF
HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM - 695
001.
2 DIRECTOR OF COLLEGIATE EDUCATION
THIRUVANANTHAPURAM - 695 001.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOTTAYAM - 686 001.
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,MAHATMA GANDHI
UNIVERSITY,PRIYADARSINI HILLS, KOTTAYAM - 686 560.
5 N.S.S. COLLEGE CENTRAL COMMITTEE
CHANGANASSERY REPRESENTED ITS SECRETARY,N.S.S. HEAD
OFFICE, CHANGANASSERRY - 2.
6 THE PRINCIPAL
SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR,
KOTTAYAM DISTRICT - 686 001.
BY ADVS.
GOVERNMENT PLEADER
SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
W.P (C) No.565 of 2016
2
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
SRI.V.K.SUNIL, SR.GP, SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P (C) No.565 of 2016
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.565 of 2016
---------------------------
Dated this the 21st day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) to issue a writ of certiorari quashing Exts.P5 and P6 as unjust, illegal, arbitrary and unsustainable.
ii) to declare that appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics in the 6th respondent's college is entitled to be approved by the respondents 1 to 4.
iii) to issue a writ of mandamus directing the respondents 1 to 3 to pass orders approving the appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics and to disburse salary to the petitioner with arrears.
iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case." [SIC]
2. When this writ petition came up for consideration on 01.06.2016, this Court passed the following order:-
"The salary due to the petitioner shall be disbursed with effect from 1-6-2016 in as much as the University has already approved the appointment. The disbursement of arrears of salary would be dependent on the outcome of this writ petition."
3. Today when the matter taken up for consideration, W.P (C) No.565 of 2016 4 the counsel appearing for the petitioner submitted that the petitioner received the entire arrears of salary and the writ petition can be closed recording the above order.
Therefore, the writ petition is disposed of recording the order dated 01.06.2016.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.565 of 2016 5 APPENDIX OF WP(C) 565/2016 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 18.10.2013 EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS DATED 29.10.2014 EXHIBIT P3. TRUE COPY OF G.O(MS) NO.8/2013/H.EDN DATED 15.1.2013 EXHIBIT P4. TRUE COPY OF THE JUDGEMENT DATED 25.1.2010 IN WPC NO.26387/2008 EXHIBIT P5. TRUE COPY OF THE LETTER DATED 30.10.2015 EXHIBIT P6. TRUE COPY OF THE LETTER DATED 23.11.2015