State Of Kerala vs State Of Kerala
2021 Latest Caselaw 10158 Ker

OP(KAT) 300/2019                              1/6

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          Present:

                   THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                             &

                        THE HONOURABLE MR.JUSTICE K. BABU

                                 th                      th
               Thursday,the 25        day of March 2021/4     Chaithra, 1943

       For     information           purpose only
                          OP(KAT) No.300/2019

(AGAINST THE ORDER DATED 31.07.2018 IN O.A.(EKM)No.833/2014 OF THE

KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH,ADDITIONAL

BENCH ERNAKULAM)

PETITIONERS/RESPONDENTS IN O.A.:
1.     STATE OF KERALA
       REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
       HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
       THIRUVANANTHAPURAM,
       KERALA-695 001.


& ANOTHER
RESPONDENT/APPLICANT IN O.A:
       DR.C.SREENIVASAN
       S/O. SREESHARAN NAIR, ASSISTANT PROFESSOR, DEPARTMENT OF
       MATHEMATICS, GOVERNMENT COLLEGE, CHITTOOR, PALAKKAD, RESIDING AT
       GOVINDAN, PRA-27, VELLOLI LANE-1, PUTHUR, PALAKKAD-678 001.

     Op Kerala Administrative Tribunal praying inter alia that in the

circumstances stated in the affidavit filed along with the OP(KAT) the

High Court be pleased to pass an Interim Order staying the operation

and implementation of Order dated 31.07.2018 in O.A.(EKM)NO.833/2014 on

the file of the Kerala Administrative Tribunal,Thiruvananthapuram

Bench,pending disposal of the above Original Petition(KAT) .


     This petition       again coming on for orders on 25/03/2021 upon

perusing the petition and the affidavit filed in support of OP(KAT) and

this court's order dated 3/03/2021 and upon hearing the arguments of

 GOVERNMENT PLEADER,       for the petitioners and of M/S S.P.ARAVINDAKSHAN

PILLAY,ABHIRAMI.K.UDAY,VISHNU.V.K.,REMYA.K.N,

ANNAPOORNA.L,N.SANTHA,PETER                JOSE     CHRISTO,ANAND.S.A,SAJU     JOHN,
 OP(KAT) 300/2019                   2/6

V.VARGHESE,Advocates for the respondent, the court passed the following




           For information purpose only
               ALEXANDER THOMAS & K.BABU, JJ.
               =========================
                  O.P.(KAT)No. 300 of 2019
            (Arising out of the order dated 31.07.2018 in
                   O.A.No.833/2014 of KAT, TVM)
                   =========================
                  Dated this the 25th day of March, 2021

                                    ORDER

For information purpose only ALEXANDER THOMAS, J.

Sri.B.Vinod, learned Senior Government Pleader submits on

instructions and with reference to the pleadings and averments in

paragraph No.2 of the new affidavit dated 24.03.2021, filed by the

Principal Secretary to Government, Higher Education Department, that

the previous affidavit filed by the said officer/deponent dated 23.03.2021

in OP(KAT)No.300/2019 may be treated as withdrawn and that the

present affidavit dated 24.03.2021 may be accepted on the files of this

Court.

2. Sri.V.Varghese, learned Counsel appearing for the respondent

No.1/writ petitioner concerned in OP(KAT)No.300/2019 and other

Advocates concerned has no serious objection in the said course of action

and does not appear to have very serious objections to such a plea made

by the Senior Government Pleader.

3. In paragraph No.6 of the present affidavit dated 24.03.2021 filed by

the Principal Secretary to the Government, Higher Education

Department, it is stated that the term 'Government controlled self-

financing colleges' mentioned in clause 3.1 of Ext.R1(e) G.O.(Ms) O.P.(KAT)No.300 of 2019

No.204/2019/HEdn dated 29.06.2019 is not seen defined and that the

colleges mentioned in the present cases, those run by the IHRD (Institute

of Human Resources Development), CAPE (Co-operative Academy of

For information purpose only Professional Education), SCTCE (Sree Chithira Tirunal College of

Engineering) and LBS (Lal Bahadur Sasthri Institute) are established

either by government or government controlled agencies and they could

be considered as Government Controlled Self Financing Colleges within

the meaning of G.O.(P) No.204/2019/HEdn dated 29.06.2019.

4. However, Sri. V.Varghese, learned Counsel appearing for the

contestant respondent No.1 in OP(KAT) No.300/2019 would point out

that, the further averment in paragraph No.6 is that the Government is

also in the process of reconsidering the above said G.O regarding

reckoning of service rendered in Self Financing Colleges for Career

Advancement Promotion in Government Colleges. That under the guise

of the said stand, the Government may be directed not to in any manner

revise or rescind the Ext.R1(e) G.O. Sri. B.Vinod, learned Senior

Government Pleader appearing for the petitioners would point out that

the said apprehension raised by the contestant respondent/writ

petitioner may not be well founded. The said submissions made on

behalf of the competent authority, the State Government, Higher

Education Department, is hereby recorded. However, to ally any

apprehension of the writ petitioners, it is ordered that the Government O.P.(KAT)No.300 of 2019

shall not withdraw or rescind the said beneficial provisions contained in

Ext.R1(e) G.O.(Ms) No.204/2019/HEdn dated 29.06.2019.

5. Both sides may address this Court as to the applicability of the

For information purpose only dictum laid down by the judgment of a Division Bench of this Court

rendered on 20.01.2021 in OP(KAT)No. 20/2021, arising out of OA

No.691/2017 of KAT, Thiruvananthapuram, to the facts and

circumstances of these cases.

6. Since the matter is pending for quite a long time, we are not in a

position to accede to the request of the government in seeking further

time by three months. All the factual details should be filed by the

competent authority of the State Government in the Higher Education

Department and the Director of Collegiate Education, by their detailed

affidavit, if they choose to do so, and if so, it shall be so done well before

25.05.2021. If detailed affidavit is not filed by the State Government in

the Higher Education Department, then this Court will be constrained to

proceed with the disposal of the cases on the basis of the available

pleadings and materials on record and there is no question of granting

any further time. We hope and trust that nobody will be under the

impression that we are calling for more details from the government only

as if the Court needs it. Such details are called for only to ensure that the

rights and interests of both the government and the contestant writ

petitioners are well protected.

O.P.(KAT)No.300 of 2019

List these cases on 27.05.2021 in the admission list.

Sd/-

For information purpose ALEXANDER only JUDGE THOMAS,

Sd/-

K.BABU, JUDGE

uu 25.3.2021

/true copy/ Sd/- ASSISTANT REGISTRAR