Mohammed Rahmathulla V.P vs State Of Kerala
2021 Latest Caselaw 13726 Ker

WP(C) NO. 10269 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                          WP(C) NO. 10269 OF 2021
PETITIONER:

              MOHAMMED RAHMATHULLA V.P
              AGED 57 YEARS
              S/O V.P.MOHAMMED,
              AMEN RESIDENCY, KILKALLINGAL, KAVANOOR P.O, MALAPPURAM-
              673639. (RETIRED ASSISTANT PROFESSOR IN STATISTICS,
              MES COLLEGE, NEDUKANDAM).

              BY ADV M.S.RADHAKRISHNAN NAIR


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION
              DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

     2        THE DIRECTOR OF COLLEGIATE EDUCATION
              VIKAS BHAVAN, TRIVANDRUM-695001.

     3        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
              VYASAKARAKUNNU, KOTTAYAM-686001.

     4        MAHATMA GANDHI UNIVERSITY
              REPRESENTED BY REGISTRAR, PRIYADARSHINI HILLS,
              ATHIRAMPUZHA P.O, KOTTAYAM-686562.

              SRI.SURIN GEORGE IPE, SC, M.G. UNIVERSITY
              SMT.NISHA BOSE, SR. GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                 ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10269 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following reliefs :-

"i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to pass consequential order approving the promotion of the petitioner on the basis of Ext.P7 approval order issued by the fourth respondent without further delay.

ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to grant all benefits as per clause 6.1.9 contained in G.O.(P).No.58/2010/H.Edn dt. 27.3.2010 introducing 6th UGC scheme in the state w.e.f. 1.1.2006 as early as possible."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned standing counsel appearing for the

4th respondent-University.

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

petitioner's application for approval as Lecturer (Selection Grade) has been

forwarded by the Principal of the College and by Ext.P7, approval had been

accorded by the University. It is submitted that seeking the payment of the

amounts due on account of the promotion and the resultant fixation of pay,

the 3rd respondent has been directed by the 2nd respondent to take

appropriate steps. However, no steps have been taken and that was the

contention of the learned counsel for the petitioner. WP(C) NO. 10269 OF 2021

4. The learned Government Pleader submits, on instructions from

the 3rd respondent, that appropriate steps have already been taken for the

fixation of the pay of the petitioner as Lecturer (Selection Grade) and the pay

fixation statement has been approved and returned to the Principal. It is

submitted that as and when appropriate steps are taken by the Principal of

the college in which the petitioner is working for forwarding the bill for

payment of amounts to the petitioner, steps shall be taken by the 3 rd

respondent, without delay, to disburse the amounts.

The said submission is recorded and the writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 10269 OF 2021

APPENDIX OF WP(C) 10269/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER G.O (P) NO.186/2002/ H.EDN DATED 28.12.2002 ISSUED BY 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.1-2/2009 (EC/PS)PT.VIII DATED 7.12.2012 ISSUED BY THE UNIVERSITY GRANT COMMISSION.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE UGC REGULATION 2018(7TH UGC REGULATION) DATED 18/07/2018.

EXHIBIT P4 TRUE COPY OF THE COVERING LETTER DATED 29.01.2019 SUBMITTED BY THE PRINCIPAL TO THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.AC.B V/2/1651/2019 DATED 18.11.2019 ISSUED BY 4TH RESPONDENT TO PRINCIPAL MES COLLEGE, NEDUKANDAM.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.33068/19 DATED 21.08.2020 OF THIS HONOURABLE COURT.

EXHIBIT P7 TRUE COPY OF ORDER NO.115/ACB5/2021/MGU DATED 7.1.2021 ISSUED BY MAHATMA GANDHI UNIVERSITY, KOTTAYAM.

EXHIBIT P8 TRUE COPY OF LETTER NO.MES/NC-GS-2/269/2021 DATED 20.02.2021 SUBMITTED BY PRINCIPAL OF THE COLLEGE TO THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.D1/10256/2018 DATED 19.06.2020 ISSUED BY DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM TO PRINCIPAL NIRMALA COLLEGE, MUVATTUPUZHA.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.29226/2019 DATED 17.07.2020 OF THIS HONOURABLE COURT.

RESPONDENT'S/S EXHIBITS: NIL