Dr.Faizal P vs Kannur University
2021 Latest Caselaw 6549 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                  WP(C).No.23263 OF 2020(G)


PETITIONER :-

            DR.FAIZAL P.
            ASSISTANT PROFESSOR IN MEDICAL BIOCHEMISTRY (ON
            CONTRACT), SCHOOL OF HEALTH SCIENCES,
            KANNUR UNIVERSITY, RESIDING AT ROSEBED,
            CHADALAPUZHA ROAD, KADIRUR P O, THALASSERY,
            KANNUR - 670 642.

            BY ADVS.
            SRI.S.MUHAMMED HANEEFF
            SRI.T.SAILESH KUMAR
            SRI.ARAVIND T RAMESH


RESPONDENTS :-

      1     KANNUR UNIVERSITY
            REPRESENTED BY ITS REGISTRAR, CIVIL STATION,
            KANNUR P O, KANNUR - 670 002.

      2     VICE CHANCELLOR
            KANNUR UNIVERSITY, CIVIL STATION, KANNUR P O,
            KANNUR - 670 002.

            BY ADV. SRI.M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.23263 OF 2020(G)

                                        -: 2 :-


                                      JUDGMENT

Dated this the 24th day of February, 2021

The prayers in this writ petition are as follows :-

"(i) Call for the entire records leading up to Ext P10 communication and quash the same, by issuing a writ of certiorari, or any other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(ii) Issue writ of mandamus or any other appropriate writ, order or direction directing the respondents to retain the petitioner as Assistant Professor on contract basis in Medical Biochemistry in the School of Health Sciences, Kannur University.

(iii) Issue writ of mandamus or any other appropriate writ, order or direction directing the respondents to disburse the pay/salary of the petitioner from 15.04.2020 till 31.05.2020, within a time frame fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent University.

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

that the petitioner had been working on contract basis as Assistant

Professor in Medical Biochemistry in the School of Health Sciences

under the respondent University from 2006 onwards. He had raised a

claim for regularisation. It is submitted that though agreements have

been entered into for engaging the petitioner as Assistant Professor

on consolidated pay, by Ext.P10 order dated 22.10.2020 the WP(C).No.23263 OF 2020(G)

remuneration has been limited as on daily wages. It is stated that the

respondent University has also taken a decision to discontinue the

services of Assistant Professors on contract basis on 30.10.2020. It is

submitted that though identically situated persons are being engaged

on daily wages as on hourly basis to conduct practical classes, the

petitioner has not been so engaged even though he has submitted his

willingness.

4. A statement has been placed on record by the 1 st

respondent. It is admitted that the petitioner had been engaged as

Assistant Professor in the Department of Biochemistry, School of

Health Sciences and that the contract was being renewed from year

to year. It is also admitted that the petitioner was being paid a

consolidated pay in terms of the agreements entered into between the

parties. It is submitted that the contract period had expired on

31.3.2020 and that it was extended only on a monthly basis thereafter

till 14.4.2020. Thereafter, after the vacation also no classes were

conducted for the period from 15.5.2020 to 31.5.2020. It is further

submitted that the course was to terminate in June and it was only

due to Covid that the course was extended. It is submitted that the

petitioner had not submitted any willingness to conduct the practical

classes thereafter which is the reason why he was not engaged. It is

further submitted that the classes in Health Sciences conducted by WP(C).No.23263 OF 2020(G)

the Kannur University are being terminated and that there was no

longer any requirement for permanent Assistant Professors in the

School of Health Sciences on regular basis or on contract basis and

that the willing teachers are being engaged only on hourly wages to

complete the practical classes.

5. A reply affidavit and an additional reply affidavit have also

been placed on record by the petitioner and the petitioner had

produced documents to show that he had expressed his willingness to

work on hourly basis and that the petitioner had not been engaged in

spite of such willingness expressed. It is further submitted that the

petitioner had been specifically instructed to conduct online classes in

April and May, 2020 and he had done so, but no amounts have been

paid as remuneration.

6. Having considered the contentions advanced and in view of

the statement placed on record, I am of the opinion that since the

contract of the petitioner's engagement stood terminated, the

petitioner cannot claim an engagement on a contract basis on

consolidated pay after the termination of the said contract. In case

the petitioner has any claim with regard to payment of wages or

consolidated pay for periods when he had actually conducted the

classes, it is for the petitioner to take up the issue appropriately

before the Registrar.

WP(C).No.23263 OF 2020(G)

7. With regard to the contention of the petitioner that he had

expressed his willingness to conduct classes on the same terms as

other teachers are being engaged, I find that such a willingness has

been expressed by the petitioner as is evident from Ext.P14. The

learned Standing Counsel would submit that in case the petitioner is

willing to conduct classes on the same terms as the persons in

Ext.P15 are being engaged, the petitioner will also be engaged on the

same terms.

In the above view of the matter, there will be a direction to

the respondents to engage the petitioner also for taking practical

classes, taking note of the willingness expressed by the petitioner in

Ext.P14, on the same terms as the teachers in Ext.P15 are being

engaged. The petitioner's representation with regard to payment of

amounts due to him shall be raised before the Registrar within a

period of ten days from today. The same shall be considered and

orders shall be passed thereon within a period of one month

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/25.2.2021 WP(C).No.23263 OF 2020(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 23.08.2006 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NOS .

ACAD.F4/8770/MB/08 DT 16.05.2012.

EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING NOS. ACAS.F4/2386/06 DT 02.04.13.

EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO. ACAD F4/2386/06(i) DT.31.08.15.

EXHIBIT P5 EXTRACT OF THE DETAILS OF SERVICE OF THE PETITIONER IN THE RESPONDENT UNIVERSITY.

EXHIBIT P6 A TRUE COPY OF THE ORDER BEARING NO. ACAD A1/3308/MISC/2014 DT 16.05.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P7 A TRUE COPY OF THE ORDER BEARING NO. G.O (P)NO.75/2020/Fin DT 08.06.2020 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P8 A TRUE COPY OF THE ORDER BEARING NO. ACAD FI/6327/2020 DATED 12.08.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P9 A TRUE COPY OF THE AGREEMENT DATED 26.08.2020 SINGED AND SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION BEARING NO.ACAD F3/14814/2019 Dt. 22.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE E-MAIL DATED 04/04/2020 SENT BY THE HEAD OF THE DEPARTMENT, SCHOOL OF HEALTH SCIENCES TO THE PETITIONER.

EXHIBIT P12 TRUE COPIES OF THE SCRENSHOTS OF A FEW ACADEMIC DISCUSSIONS AND CLASSES THE PETITIONER CONDUCTED WITH THE STUDENTS THROUGH GMAIL GROUP

EXHIBIT P13 A TRUE COPY OF THE MAIL DATED 24/04/2020 SENT BY THE PETITIONER TO THE HEAD OF THE DEPARTMENT, SCHOOL OF HEALTH SCIENCES.

WP(C).No.23263 OF 2020(G)

EXHIBIT P13 A TRUE COPY OF THE SCREENSHOT OF THE COMMUNICATION OF THE HOD DT.04.01.2021 IN THE OFFICIAL WHATSAPP GROUP OF FACULTIES OF THE DEPARTMENT.

EXHIBIT P14 A TRUE COPY OF THE WILLINGNESS SUBMITTED BY THE PETITIONER DT.06.01.2021.

EXHIBIT P15 THE DETAILS OF FACULTIES ENGAGED ON HOURLY BASIS IN THE SCHOOL OF HEALTH SCIENCES OF THE UNIVERSITY W.E.F 12.01.2021 TILL 29.01.2021.

RESPONDENT'S EXHIBITS:

ANNEXURE R1(a) TRUE COPY OF THE JUDGMENT DATED 16.01.2019 IN W.P.

(C)No.5241/2018.

ANNEXURE R1(b) TRUE COPY OF THE JUDGMENT DATED 14.03.2019 IN W.A.No.704/2019.

//TRUE COPY//

P.A. TO JUDGE