Kerala High Court
Rajesh R.Kodiparambil vs The State Of Kerala on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9166 OF 2021(U)
PETITIONER:
RAJESH R.KODIPARAMBIL
AGED 47 YEARS
son of ramachandran nair,
instructor of physical education,
nss polytechnic college,
pandalam, pathanamthitta district
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 THE DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM - 695033
3 THE CHAIRMAN,
NSS POLYTECHNIC COLLEGE,
PANDALAM, PATHANAMTHITTA DISTRICT - 689501
4 THE PRINCIPAL,
NSS POLYTECHNIC COLLEGE,
PANDALAM, PATHANAMTHITTA DISTRICT - 689501
OTHER PRESENT:
SRI.RAJASEKHARAN NAIR, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9166 OF 2021(U)
2
JUDGMENT
Dated this the 8th day of April, 2021
This writ petition is filed seeking the following prayers:-
"i) call for the records relating to Exhibit P-4 and set aside
the original of the same to the extent it failed to include
Physical Education Instructors in Polytechnic for the AICTE
scale by the issue of a writ of certiorari or other appropriate
writ, order or direction.
ii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1 st respondent issue
consequential order extending the benefit AICTE scale to
Physical Education Instructors in Polytechnic Colleges as
proposed by the Director vide Exhibit P-3 and as ordered by
the Government vide Exhibit P-2.
iii) To issue a writ of mandamus directing the respondents
disburse arrears of salary to the petitioner in the scale of
pay attached to the post of L.G (Hindi) w.e.f 01.06.2018
with interest at the rate of 12% per annum on the delayed
payment of salary."
2. Heard the learned counsel for the petitioner and
the learned Government Pleader.
3. It is submitted by the learned counsel for the
petitioner that the petitioner was working as Instructor in
Physical Education in an aided Polytechnic College and he
has all the qualification prescribed by the AICTE. It is
submitted that, in Ext.P4 order, the post of Physical
WP(C).No.9166 OF 2021(U)
Education Instructor is left out for the grant of the AICTE
benefits. The petitioner has preferred Ext.P5 representation
before the 1st respondent seeking inclusion of the post held
by the petitioner also in Ext.P4 and seeks a consideration of
the same.
4. Having heard the learned Government Pleader
also, there will be a direction to the 1 st respondent to take
up, consider and pass orders on Ext.P5 representation
preferred by the petitioner with notice to the petitioner as
well as the 3rd and 4th respondents and after hearing them
through any appropriate means including video conferencing
within a period of three months from the date of receipt of a
copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/09.04.2021
WP(C).No.9166 OF 2021(U)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE
NOTIFICATION OF THE AICTE NO. F.NO.1-
65/CD/NCE/98-99 DATED 30.12.1999.
EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.
1527/2019/H.EDN. DATED 26.08.2019.
EXHIBIT P3 THE TRUE COPY OF TH POSTAL VIDE ORDER
NO. AICTE-EC/13820/20/DTE DATED
08.08.2020 OF THE DIRECTOR OF TECHNICAL
EDUCATION.
EXHIBIT P4 TRUE COPY OF THE G.O.(MS) NO.
97/2021/H.EDN. DATED 16.02.2021.
EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT
DATED 19.03.2021 (WITHOUT EXHIBITS).
