Rajendran Nair B vs University Of Kerala
2021 Latest Caselaw 2000 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      WP(C).No.33138 OF 2017(N)


PETITIONERS:

      1        RAJENDRAN NAIR B.
               OM VIHAR, T.C.8/1947(3),ELIPPOE,
               THIRUMALA P.O., THIRUVANANTHAPURAM-695006.

      2        N.K.BALACHANDRAN
               UTHRADAM HOUSE, PALOTTUKONAM, VELLAPALLI,
               NARUVAMOODU P.O.,THIRUVANANTHAPURAM-69.

      3        S.VELAPPAN NAIR
               PADMATHEERTHAM, CHERUVAKKAL,
               SREEKARIYAM P.O.,THIRUVANANTHAPURAM-695017.

      4        K.MOHANAKUMAR
               MOHANA VILASAM, PERAPPU, KATTUMPURAM P.O.,
               VIA KALLARA, THIRUVANANTHAPURAM-695608.

      5        S.JOSEPH
               HERMIA NIVAS, T.C.100/252, PALLITHURA,
               ST.XAVIOR COLLEGE P.O.,THIRUVANANTHAPURAM-695586.

      6        P.N.MOHAN
               ANAND BHAVAN, PUNNAKULAM, KOTTUKAL P.O.,
               THIRUVANANTHAPURAM 695501.

      7        S.VIJAYAN
               VIPANCHIKA, POOTHEMCODE, NELLIMOODU P.O.,
               THIRUVANANTHAPURAM-695524.

      8        V.VIKRAMAN NAIR
               KRISHNA COTTAGE, MALAYAM, MALAYAM P.O.,
               THIRUVANANTHAPURAM 695571.

      9        K.RAMACHANDRA
               M.S.NIVASS, KUZHIJANVILA, ARUMANOOR,
               POOVAR P.O., THIRUVANANTHAPURAM 695525.

      10       G.RAJENDRAN NAIR
               UMESH BHAVAN, PULIMOODU, KULAPADA P.O.,
               THIRUVANANTHAPURAM 695542.
 WP(C).No.33138 OF 2017(N)

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               BY ADVS.
               SRI.GEORGE POONTHOTTAM (SR.)
               SMT.NISHA GEORGE

RESPONDENTS:

      1        UNIVERSITY OF KERALA
               UNIVERSITY OF KERALA SENATE HOUSE
               CAMPUS,PALAYAM, THIRUVANANTHAPURAM - 695034,
               REPRESENTED BY THE REGISTRAR.

      2        R2 IMPLEADED
               STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

               ADDITIONAL 2ND RESPONDENT IMPLEADED AS PER ORDER
               DATED 13-11-2019 IN I.A. NO. 01/2019

               R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
               KERALA


               GP SRI B HARISH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.33138 OF 2017(N)

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                            JUDGMENT

Dated this the 19th day of January 2021

Learned counsel for the petitioners submits that challenge in

the present writ petition has been laid to Ext.P6 order dated

03.03.2016 passed by the Government denying the higher grade

promotions and not considering the military service rendered by

the petitioners. Similar order has already been quashed by this

Court vide judgment dated 04.12.2020 passed in W.P.

(C).No.37003/2016 and connected cases.

Learned counsel for the University do not deny the factum

of the judgment referred to above by the learned counsel for the

petitioners. Since similar order has already been set aside by

this Court vide judgment dated 04.12.2020 in W.P.

(C).No.37003/2016 and connected cases, the impugned order

Ext.P6 dated 03.03.2016 is quashed.

This writ petition stands disposed of in terms of the

judgment aforesaid.

Sd/-

AMIT RAWAL

JUDGE nak WP(C).No.33138 OF 2017(N)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT-P1: TRUE COPY OF THE IDENTITY CARD ISSUED TO THE FIRST PETITIONER BY THE INDIAN ARMY.

EXHIBIT-P2: TRUE COPY OF THE JUDGMENT DATED 25.03.2015 PASSED BY THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.3136 OF 2015 AND CONNECTED CASES.

EXHIBIT-P3: TRUE COPY OF THE G.O.(P) NO.408/2015/FIN DATED 14.09.2015.

EXHIBIT-P4: TRUE COPY OF THE ORDER NO.AD.A II/3/16 DATED 17.03.2016 PASSED BY THE UNIVERSITY.

EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 21.10.2015 PREFERRED BY THE FIRST PETITIONER BEFORE THE UNIVERSITY.

EXHIBIT-P6: TRUE COPY OF THE G.O.(P) NO.33/2016(3)/FIN DATED 03.03.2016.