N.S.S.Colleges Central Committee vs State Of Kerala

Kerala High Court

N.S.S.Colleges Central Committee vs State Of Kerala on 23 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
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 6774 OF 2016
PETITIONER:

            N.S.S.COLLEGE'S CENTRAL COMMITTEE
            REPRESENTED BY ITS EDUCATION SECRETARY,
            SRI.R.PRASANNA KUMAR, N.S.S.HEAD OFFICE,
            PERUNNAI, CHANGANACHERRY.
            BY ADVS.
            SRI.P.GOPAL
            SRI.B.MURALEEDHARAN

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,HIGHER
            EDUCATION DEPARTMENT,GOVERNMENT
            SECRETARIAT,THIRUVANANTHAPURAM-695001.
    2       THE DIRECTOR OF COLLEGIATE EDUCATION
            OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
            THIRUVANANTHAPURAM-695001.
    3       N.NIKHIL
            S/O.NARAYANAN.V(LATE)MANANGODE HOUSE,
            NENMARA.P.O, PALAKKAD DISTRICT, PIN-678508.
            BY ADVS.
            SRI.V.A.MUHAMMED
            SRI.V.K.SUNIL, SENIOR GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.6774 of 2016

                                    2




                  P.V.KUNHIKRISHNAN, J.
          ---------------------------------------------
                 W.P.(C) No. 6774 of 2016
      ------------------------------------------------------
             Dated this the 23rd day of May, 2024


                             JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) to issue a writ of certiorari or any other appropriate writ, direction, or order, quashing Exhibit P6 order GO(Rt)No.230/2016/H.Edn. dated 22.1.2016 of the 1st respondent directing the petitioner to consider the application of the 3rd respondent for appointment under compassionate scheme in any of the colleges under the Management in the existing or next arising vacancy;

ii) to issue any other appropriate writ direction or order, which this Hon'ble court deems fit to grant in the circumstances of the case."[SIC]

2. Petitioner is the Manager of all the private aided Colleges under the Corporate Management of Nair Service Society. It is submitted that, all the Colleges W.P.(C) No.6774 of 2016 3 have entered direct payment agreement with the Government. The 3rd respondent's father, late V.Narayanan was working as Lab Assistant at N.S.S. College, Nenmara. He died on 02.09.2012. It is submitted that N.S.S. College, Nenmara is affiliated with Calicut University. It is also submitted that, there is no provision in the direct payment agreement or in the Calicut University Act or in the Calicut University (Conditions of Service of Teaching and Non-teaching Staffs) First Statutes, 1979 to provide appointment to the dependent of deceased employees of the College under the compassionate employment scheme. As per Ext.P1, it was ordered to implement compassionate appointment in aided colleges and further authorizing the Director of Collegiate Education to submit draft guidelines. The same was challenged by the petitioner by filing W.P(C)No.28970 of 2013 which was considered by the Division Bench along with W.A.No.248 of 2012 W.P.(C) No.6774 of 2016 4 filed by the petitioner against the judgment of the learned Single Judge in W.P(C)No.30738 of 2004. The challenge against the guide line was negatived by this Court as per Ext.P2 judgment. The Division Bench reserved the right of the petitioner to challenge the guidelines as and when it is issued if it is against the interest of the petitioner. Subsequently, the guide line was issued as per G.O.(P) No.10/2020/H.Edn. dated 17.02.2020. In the Government Order, it is clearly stated that the same will be implemented with effect from 07.10.2013. The prayer of the petitioner is to quash Ext.P6 order by which there is a direction to consider the application of the 3 rd respondent under the compassionate appointment.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. Counsel for the petitioner submitted that Ext.P6 order is unsustainable for the simple reason that W.P.(C) No.6774 of 2016 5 as per G.O.(P)No.10/2020/H.Edn. dated 17.02.2020, the guide lines for compassionate appointment is implemented with effect from 07.10.2013. Admittedly, the father of the 3rd respondent died on 02.09.2012. If that be the case, the application for compassionate appointment of the 3rd respondent can not be entertained even as per the new guide lines. I think there is force in the above argument. In the light of the above submission, I think Ext.P6 is to be set aside. If there is any surviving grievance to the 3rd respondent, the 3rd respondent is free to agitate the same separately.

Therefore, this Writ petition is disposed of setting aside Ext.P6 order.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.6774 of 2016 6 APPENDIX OF WP(C) 6774/2016 PETITIONER EXHIBITS P1 TRUE COPY OF THE ORDER OF THE GOVERNMENT GO(MS)NO.6363/13/H.EDN.DATED 7.10.2013 P2 TRUE COPY OF THE COMMON JUDGMENT DATED 1.10.2014 IN W.P(C)28970 OF 2013 AND CONNECTED CASES` P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 13.2.2015 P4 TRUE COPY OF THE APPEAL FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DATED 30.3.2015 P5 TRUE COPY OF THE JUDGMENT DATED 27.5.2015 IN W.P(C)15598 OF 2015 P6 TRUE COPY OF THE ORDER GO(RT)NO.230/2016/H.EDN.DATED 22.1.2016.

RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE