Kerala High Court

For vs For on 26 February, 2021

WA 1456/2017                          1/4

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 Present:
                 THE HONOURABLE MR. JUSTICE A.HARIPRASAD
                                    &
               THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
            Friday,the 26th day of February 2021/7th Phalguna, 1942
                               WA No.1456/2017
Against Common Judgment dated 21.2.2017 in WPC No.519/2012 of this Court.
                                      ---
APPELLANT/3RD RESPONDENT:
    For
     SUJITH information               purpose only
            S.S.,THRIVENI, NELLANADU, VENJARAMOODU,
      NEDUMANGAD, THIRUVANANTHAPURAM.

      BY ADV SRI.A.L.NAVANEETH KRISHNAN


RESPONDENTS/PETITIONER & RESPONDENTS 1,2 AND 4 TO 252:
      1. PROF. DR.V.JAYAPRAKAS,S/O.K.VASU, SHIVAM, TC 13/731/1,
        THARAPADOM LANE, KUNNUKUZHI P.O.,
        THIRUVANANTHAPURAM-695037.

AND 251 OTHERS.

BY SRI.THOMAS ABRAHAM, STANDING COUNSEL FOR R1 & R3.
AEDV.SRI.PIRAPPANCODE V.S.SUDHIR FOR R7,18,22,26,29,33,37,47,
72,87,89 & 99.
ADV.SRI.K.GOPALKRISHNA KURUP (SR.) ALONG WITH
M/S.ANUROOPA JAYADEVAN & ASHRUTH NASER FOR R16,17,24,27,30,31,
45,46,62,64 TO 67,70,92,98,103,106,113,124,126,132 & R 248.
ADVS.M/S. ELVIN PETER P.J. & K.R.GANESH FOR R19,28,35,44,61,75,77,
84,85,101,102,115,123,125 & R129.
ADV.SRI.LIJU M.P. FOR R21,32,54,80,90,217,.
ADV.SRI.N.RAGHURAJ FOR R23,43,134,135.
ADVS.M/S.SAJI VARGHESE, MARIAM MATHAI & V.K.SHYAM FOR R38,56,
58,63,68,86,93,94,95,97,104,120,121.
ADV.SRI.T.A.SHAJI (SR.) ALONG WITH M/S.ATHUL SHAJI & ANWIN JOHN ANTONY
FOR R39,48,57,71,78,91,112,114,131.
     ADS. M/S.T.B.HOOD,M.ISHA & AMAL KASHA FOR
     R13,34,49,50,51,52,53,59,60,69,76,88,100,107,111,223 & R226.

   Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be
pleased to stay the operation of the judgment dated 21.2.2017, of the
learned Single Judge in W.P.C. No.519 of 2012 and connected cases
pending disposal of the Writ Appeal.

   This Writ Appeal again coming on for orders on 26.02.2021 upon
perusing the appeal memorandum, and this Court's orders dated
27-07-2017 , & 18.12.2018, the court on the same day passed the
following:-
 WA 1456/2017                               2/4



                      A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.

-------------------------------------

WA Nos.706,788, 773, 926, 1280, 1279, 1142, 1306, 1305, 1309, 1394, 1389, 1390, 1393, 1341, 1422, 1340, 1339, 1456, 1421, 1498, 1419, 1455, 1420, 1838, 1308, 1307, 1701 & 1736 of 2017

-------------------------------------

For information purpose only Dated this the 26th day of February 2021

COMMON ORDER

Heard the learned counsel for the appellants and respondents in the above captioned writ appeals. Order dated 27-07-2017 was passed by this Court in W.A Nos.706 & 788 of 2017, which reads as follows :

" The service of notice on all the respondents remains complete. Therefore, the interim order already issued is extended until further orders. We are informed that pursuant to the judgment appealed against, promotions have been granted to all the respondents. In view of the above, there shall be an interim direction to the University not to disburse the monetary benefits including arrears due to the promoted respondents, pursuant to the promotions granted."

2. Later in the captioned appeals, the following order was passed on 18-12-2018 :

" Counsel for the appellant submits that in many of the cases in this batch, service

remains incomplete on some of the respondents. Though the respondents had

entered appearance through counsel in the writ petition, they have not chosen to

enter appearance in the writ appeal. The counsel, therefore, seeks permission to

complete service of notice by serving notice in the writ appeal on the respective

counsel, who were appearig for the respondents in the writ petition. The request

is accepted. The counsel is permitted to complete service on the respondents, on

whom notice is remining incomplete, by serving copies of the writ appeals on the

respective counsel appearing for them in the writ petition."

3. Thereafter, University of Kerala (second respondent in W.A No.706 of WA 1456/2017 3/4

2017) filed an interlocutory application viz.; I.A No.1 of 2019 requesting this

Court to vacate the interim order dated 27-07-2017. So far no order has been

passed on that application.

4. Learned Senior and other learned counsel appearing for the contesting

respondents vehemently argued before us that the order passed by this Court on For information purpose only 27-07-2017, which is extended to other writ appeals as well, causes serious

prejudice to the contesting respondents working in the respondent University.

They are prevented from not only drawing salary in the promoted post, but also

some of them are not able to claim emoluments pertaining to their entry post.

According to them, some monitary claimes relate back to 2008.

5. Learned counsel for the appellant in Writ Appeal No.926 of 2017 and the

learned counsel appearing for the appellants in 23 other cases contended that the

contesting respondents are not entitled to get salary in the promoted post

because their entry into the service itself is through illegal means. However, we

find that it is a disputed proposition which has to be decided at the time of

disposal of this batch of writ appeals.

6. In many of the writ appeals, service of notice on many respondents

have not been completed so far. Having regard to the facts and circumstances, we

are of the view that the interim order passed by this Court on 27-07-2017 needs

to be modified in the following manner to balance the rights of the parties as we

do not find any prejudice caused to the appellants or anybody opposing the salary

claims of the contesting respondents in the event of modifying the order. In order

to secure the interest of the respondent University, following directions are

incorporated.

The respondent employees, who are working now in the respondent

University in promoted posts shall be disbursed salary, if they fulfill the following WA 1456/2017 4/4

conditions :

1. Each one of them shall execute and file a bond in favour of the

University of Kerala unconditionally undertaking to repay the amount depending

on the outcome of the writ appeals.

2. Each of them shall also file an affidavit before this Court unconditionally For information purpose only undertaking that they will repay the amount received as salary to the University

subject to the directions in the judgment of this Court in the captioned writ

appeals.

3. The respondent employees shall execute the bonds and file the

affidavits as above within three weeks from today. If they fulfill the above

conditions, the respondent University shall disburse salary to respondent

employees in the manner permitted by law.

Learned counsel for the appellants requested this Court to permit them to

take notice to the unserved respondents through the counsel, who will be filing

affidavits on behalf of the contesting respondents. It is also submitted that if any

respondent did not file affidavit through a lawyer, they will take notice to such

respondent by deputing a special messenger through the Registrar of the

respondent University, if the respondent employee is still working in the