V.M.James vs The State Of Kerala
2021 Latest Caselaw 779 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         WP(C).No.565 OF 2021


PETITIONER:

               V.M.JAMES
               AGED 55 YEARS
               S/O. MARKOSE, JUNIOR LECTURER IN PHYSICS,
               SREE SHANKARA VIDHYAPEEDAM COLLEGE,
               VALAYANCHIRANGARA P.O., PERUMBAVOOR,
               RESIDING AT VADAKKEJONANIKUNNEL, KARAMALA P.O.,
               KOOTHATTUKULAM - 686 662

               BY ADVS.
               SRI.JOBY CYRIAC
               SRI.KURIAN K JOSE

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS PRINCIPAL SECRETARY,
               DEPARTMENT OF HIGHER EDUCATION,
               THIRUVANANTHAPURAM - 695 001

      2        DIRECTOR,
               COLLEGIATE EDUCATION, VILKAS BHAVAN,
               THIRUVANANTHAPURAM - 39


               BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.565 OF 2021                  2




                                    JUDGMENT

Dated this the 8th day of January 2021

This writ petition is filed seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent government to take a decision on the Ext P3 report/recommendation within a time frame that may be fixed by this Hon'ble Court.

ii) issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to consider and pass appropriate order on Ext P4 representation within a time frame that may be fixed by this Hon'ble court after affording an opportunity of being heard to the petitioner.

2. Heard the learned Counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned Counsel for the petitioner that

the petitioner is eligible for revision of pay scale and the same has been

recommended by Ext.P3 communication by the 2nd respondent. It is

submitted that Ext.P4 representation is also preferred by the petitioner

before the 1st respondent for sanctioning of the revised pay and the arrears

there of.

Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P4 representation preferred by the petitioner, taking note of Ext.P3 as

well. Appropriate orders shall be passed within a period of two months

from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN

JUDGE Bb/12/1/2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO. A3-

1189/98/PHY. DATED 26-06-1998 OF MG UNIVERSITY

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.

35954/D1-12-HED DATED 10-08-2016 OF THE 1ST RESPONDENT GOVT.

EXHIBIT P3 TRUE COPY OF THE REPORT/RECOMMENDATION NO.

UGC CELL 3/37409/2012/CED. DATED 26-05- 2017 OF THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 21-

12-2020 SUBMITTED BEFORE THE 1ST RESPONDENT OF THE PETITIONER.

RESPONDENTS' EXHIBITS: NIL

[True copy]

P.A to Judge

Bb