Kerala High Court
Dr. B .Gopakumar vs State Of Kerala on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.771 OF 2021
PETITIONER:
DR. B .GOPAKUMAR
AGED 56 YEARS
S/O.N.BALAKRISHNA PILLAI, ASSOCIATE PROFESSOR (RETD),
N.S.S.COLLEGE, PANDALAM, 'SOPANAM', EVOOR NORTH P.O.,
CHEPPADU, ALAPPUZHA-690 507.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033.
3 DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION,
VAYASKARAKUNNU, NEAR FIRE STATION, KOTTAYAM-686 001.
4 ACCOUNTANT GENERAL (A AND E),
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E),
AUDIT BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:
SR.GP - NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.771 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:-
"i) Call for the records leading up to Ext.P4 and quash the
same to the extent it denies reckoning of the period of service
of the petitioner from 01.10.1990 to 04.02.1997 at Aligarh
Muslim University by issuing a writ of certiorari or other
appropriate writ order or direction.
ii) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the 1st respondent to consider and
pass orders on Ext.P5 representation after affording an
opportunity of hearing to the petitioner, 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 respondents to refix the
pension and other terminal benefits of the petitioner
reckoning his service as Lecturer in Department of Modern
Indian Languages, Aligarh Muslim University, Aligarh for the
period from 01.10.1990 to 04.02.1997 along with his aided
college service and sanction and disburse the same
expeditiously within the time limit fixed by this Hon'ble Court.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted that seeking the counting of prior
service in a Central University along with the service in an
WP(C).No.771 OF 2021
aided college, the petitioner has preferred Ext.P5
representation before the 1st respondent.
4. There will, accordingly, 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 and after hearing him through any appropriate
means including video conferencing. Orders shall be passed
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/12.01.2021
WP(C).No.771 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE BEARING
D.NO.1391/MIL DATED 10.12.2020 ISSUED BY
THE CHAIRPERSON, MODERN INDIAN LANGUAGES,
ALIGARH MUSLIM UNIVERSITY, ALIGARH.
EXHIBIT P2 A TRUE COPY OF THE OFFICE MEMO DATED
17.03.1997 ISSUED BY THE REGISTRAR,
ALIGARH MUNSLIM UNIVERSITY.
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE
VICE CHANCELLOR, UNIVERSITY OF KERALA ON
THE HEARING CONDUCTED ON 20.01.2007.
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION BEARING
NO.D1/12293/19 DATED 11.05.2020 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
15.12.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
