Dr.Jyolsna.S vs State Of Kerala
2021 Latest Caselaw 11466 Ker

               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.7703 OF 2021(K)


PETITIONER:

               DR.JYOLSNA.S,
               AGED 40 YEARS
               W/O.SUDEEP P.J., ASSISTANT PROFESSOR, DEPARTMENT OF
               ECONOMICS, N.S.S. COLLEGE, PANDALAM, RESIDING AT
               THEJAS, NJAKKUNILAM P.O., V.KOTTAYAM, PATHANAMTHITTA-
               689656.

               BY ADVS.
               SRI.S.MUHAMMED HANEEFF
               SRI.M.H.ASIF ALI

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY ITS ADDL.CHIEF SECRETARY TO GOVERNMENT,
               HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF COLLEGIATE EDUCATION,
               6TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.

      3        DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION,
               VAYASKARAKUNNU, NEAR FIRE STATION, KOTTAYAM-686001.

      4        UNIVERSITY OF KERALA,
               REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS,
               KARIYAVATTOM, THIRUVANANTHAPURAM-695034.

      5        MAHATMA GANDHI UNIVERSITY,
               REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS,
               PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM-686560.

      6        SECRETARY,
               N.S.S COLLEGES CENTRAL COMMITTEE, PERUNNA,
               CHANGANASSERY, KOTTAYAM-686102.

      7        PRINCIPAL,
               N.S.S. COLLEGE, PANDALAM, PANDALAM P.O.,
               PATHANAMTHITTA-689501.
 WP(C).No.7703 OF 2021(K)

                                   2

       8      PRINCIPAL,
              N.S.S.HINDU COLLEGE, CHANGANASSERY, KOTTAYAM-
              686102.

              R4 BY ADV. SHRI.THOMAS ABRAHAM
              R5 BY SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY


              SMT.NISHA BOSE, 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.7703 OF 2021(K)

                                        3




                                 JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed seeking the following reliefs:

i) Call for the records leading to Ext.P3 order and quash the same to the extent of non-approval of regularisation of petitioner's service at N.S.S College, Pandalam from 30.5.2008 to 31.05.2009 for the purpose of all service benefits by issuing a writ of certiorari or any other appropriate writ order or direction.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 & 2 to consider Ext P4 and give clarification to the 4 th respondent University as sought in Ext P4 adverting to Ext P1 First Statutes, after affording the petitioner an opportunity of hearing within a time frame fixed by this Hon'ble Court.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4 th respondent University to approve the appointment/ transfer N.S.S College, Pandalam from 30.05.2008 to 31.05.2009 within a time frame fixed by this Hon'ble Court.

iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to grant all service benefits including arrears of salary to the petitioner for the period of her service at N.S.S College, Pandalam from 30.05.2008 & 31.05.2009 within a time frame fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing

Counsel for the University.

3. It is submitted by the learned counsel for the petitioner that

the petitioner had been subjected to an inter university transfer. It WP(C).No.7703 OF 2021(K)

is submitted that by Ext.P3, the prior service of the petitioner had

been approved for the limited purpose of pension alone and the

other benefits had not been sanctioned to the petitioner. It is

submitted that the University had also addressed the Director of

Collegiate Education by Ext.P4 communication and had requested

the Director to clarify whether the earlier service put in by the

petitioner in the Kerala University from 30.05.2008 to 31.05.2009 is

liable to be reckoned for all benefits. It is submitted that the said

issue is pending before the Director and that it is liable to be

considered in accordance with law. The learned counsel for the

petitioner submits that Ext.P1 First Statutes of the year 1988 are

liable to be considered while passing orders on Ext.P4.

After hearing the learned Government Pleader also, I am of

the opinion that it is for the 2nd respondent to take an appropriate

decision on Ext.P4 taking note of all relevant aspects including

Ext.P1 First Statutes. There will, accordingly, be a direction to the

2nd respondent to take up, consider and pass orders of clarification

on Ext.P4, taking note of the contentions therein as well as all

relevant aspects including Ext.P1. Orders shall be passed within a

period of two months from the date of receipt of a copy of this WP(C).No.7703 OF 2021(K)

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.7703 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE KERALA UNIVERSITY (INTER UNIVERSITY TRANSFER OF TEACHERS OF COLLEGES UNDER EDUCATIONAL AGENCIES HAVING COLLEGES AFFILIATED TO CALICUT AND MAHATMA GANDHI UNIVERSITIES) FIRST STATUTES, 1988.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 16.12.2014 IN W.P.(C)NO.28766/2014 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING NO.AC.F II/82764/2008 DATED 26.04.2019 IS ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE LETTER BEARING NO.AC.FII/827641/2008 DATED 20.12.2019 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.