Vijayathilakan V vs State Of Kerala
2021 Latest Caselaw 5313 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                    WP(C).No.2778 OF 2021(V)

PETITIONERS :-

      1      VIJAYATHILAKAN V.,
             DEPUTY REGISTRAR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             CET CAMPUS, THIRUVANANTHAPURAM, PIN - 695 016.

      2      LATHA P.S.,
             ASSISTANT REGISTRAR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             CET CAMPUS, THIRUVANANTHAPURAM, PIN - 695 016.

             BY ADVS.
             SRI.S.P.ARAVINDAKSHAN PILLAY
             SMT.N.SANTHA
             SRI.S.P..BALAKRISHNA PILLAI
             SRI.V.VARGHESE
             SRI.PETER JOSE CHRISTO
             SRI.S.A.ANAND
             SMT.K.N.REMYA
             SMT.L.ANNAPOORNA
             SRI.VISHNU V.K.
             KUM.ABHIRAMI K. UDAY
             SRI.KURUVILLA SABU CHRISTY

RESPONDENTS :-

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
             EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001.

      2      APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             CET CAMPUS, THIRUVANANTHAPURAM, PIN - 695 016,
             REPRESENTED BY ITS REGISTRAR.

      3      REGISTRAR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             CET CAMPUS, THIRUVANANTHAPURAM, PIN - 695 016.

             R2 & R3 BY ADV. SRI.ELVIN PETER, SC
             R1 BY SMT.NISHA BOSE, SR.GP.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2778 OF 2021(V)

                                    -: 2 :-


                                 JUDGMENT

Dated this the 15th day of February, 2021

The prayers in this writ petition are as follows :-

"i. call for the records leading to Ext.P13 and quash the same to the extent the posts held by the petitioners (Deputy Registrar and Assistant Registrar respectively) are treated as deemed vacancies to be filled up by fresh option and their appointment to the above posts is treated as provisional appointment/promotion and they are sought to be reverted to the lower post and accommodated therein on notional vacancy, by the issuance of a writ of certiorari, or any other appropriate writ or order.

ii. declare that the petitioners are regular employees in the service of the University in the posts of Deputy Registrar and Assistant Registrar respectively, appointed as per Ext.P11, and are entitled to all consequential service and monetary benefits, including promotion to the still higher posts. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents to treat the petitioners as regular employees of the University in the posts of Deputy Registrar and Assistant Registrar respectively and grant them all consequential service and monetary benefits.

iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to exclude the posts held by the petitioners (Deputy Registrar and Assistant Registrar respectively) from the purview of option called for as per Ext.P13.

v. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant the petitioners all their retirement benefits, taking into account WP(C).No.2778 OF 2021(V)

their entire service, both in the University and their parent University (Mahatma Gandhi University, Kottayam) without being subjected to the conditions in Ext.P13.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader as well as the learned Standing Counsel

appearing for the respondent University.

3. The apprehension expressed by the petitioners is that the

posts of Deputy Registrar and Assistant Registrar held by the

petitioners have also been notified for fresh option de hors the

provisions of the First Statutes and that the petitioners who are

holding the posts of Deputy Registrar and Assistant Registrar would

be prejudicially affected by the notification of the said posts for fresh

option.

4. A counter affidavit has been placed on record by the 3 rd

respondent. It is stated at paragraph 2 of the affidavit as follows :-

"2. The apprehension raised by the petitioners in this Writ Petition is regarding the calling for of option from employees of other Universities included in the schedule to the APJ Abdul Kalam Technological University Act as provided under Section 7(3) read with the provisions contained in the APJ Abdul Kalam Technological University First Statutes, to the posts which are already occupied by the petitioners. It is submitted that the University does not propose to treat the posts that is held by non-

teaching staff like the petitioners who are appointed on the basis of the option exercised by them earlier as vacant and no option will be called for filling up those vacancies, but the petitioners will be allowed to continue in the said posts that is held by them on the WP(C).No.2778 OF 2021(V)

basis of the appointment given earlier after inviting options."

It is submitted by the learned Standing Counsel appearing for the

University that the provision contained in Ext.P13 notification to the

effect that the University shall pay pensionary benefits to persons

retiring from the University only after a decision is taken in this

matter by the Government will not stand in the way of the petitioners

drawing their due pensionary benefits when they retire from service.

It is further submitted that all steps will be taken to settle the issue of

pension contribution by the different Universities and that the

petitioners will be paid their due pensionary benefits. The

submissions are recorded. The writ petition is, accordingly, closed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.2.2021 WP(C).No.2778 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O.(MS)NO.1/2016/H.EDN. DATED 1.1.2016.

EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.174/2016/H.EDN. DATED 6.8.2016.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.KTU/A/333/2016 DATED 11.8.2016 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.KTU/A/333/2016 DATED 24.7.2017 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 10.4.2018 IN WP(C)NO.25918/2017 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 25.10.2019 IN W.A.NO.914/2018 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.KTU/A/333/2016 DATED 20.1.2020 OF THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE BOARD OF GOVERNORS OF THE UNIVERSITY HELD ON 15.7.2017.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.877/AD/A1/2020/MGU DATED 13.2.2020 OF THE MAHATMA GANDHI UNIVERSITY.

EXHIBIT P10 TRUE COPY OF THE ORDER NO.1045/AD A1/2020/MGU DATED 24.2.2020 OF THE MAHATMA GANDHI UNIVERSITY.

EXHIBIT P11 TRUE COPY OF THE UNIVERSITY ORDER NO.53/2020/KTU DATED 16.3.2020.

EXHIBIT P12 TRUE COPY OF THE RELEVANT EXTRACT OF THE UNIVERSITY FIRST STATUTES PUBLISHED AS G.O. (P)NO.28/2020/HEDN. DATED 5.8.2020.

EXHIBIT P13 TRUE COPY OF THE NOTIFICATION NO.KTU/PA TO REGISTRAR/43/2021 DATED 28.1.2021.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 25.1.2021 IN WP(C) NO.4319/2020 OF THIS HON'BLE COURT.

//TRUE COPY//

P.A. TO JUDGE