Kerala High Court
Payas Varghese vs The State Of Kerala on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.5200 OF 2021(Y)
PETITIONER:
PAYAS VARGHESE
AGED 55 YEARS
SON OF K.V. VARKEY,
ASSISTANT PROFESSOR,
ST. XAVIER'S COLLEGE,
VAIKOM, KOTTAYAM DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF COLLEGEIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
3 THE MAHATMA GANDHI UNIVERSITY
P D HILLS, KOTTAYAM ,
REPRESENTED BY ITS REGISTRAR, KOTTAYAM-686560.
4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
ERNAKULAM-682011.
5 THE PRINCIPAL
ST. XAVIER'S COLLEGE,
VAIKOM, KOTTAYAM DISTRICT-686141.
BY GOVERNMENT PLEADER
BY ADV. SRI.ASOK M.CHERIAN
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5200 OF 2021(Y)
2
JUDGMENT
Dated this the 23rd day of March 2021
The contention of the petitioner in this writ petition is that
against the order Ext.P9 dated 24.09.2020, has preferred a
statutory appeal before the Secretary to Government, Higher
Education Department, Secretariat, vide Ext.P10 on 07.01.2021.
Almost two months have goneby but no action has been taken
and would be satisfied in case an appropriate direction is issued
to the 1st respondent for disposal of the appeal in accordance with
law.
2. Sri.B.Harishkumar, learned Government Pleader
submits that the department would not be averse in deciding the
appeal in accordance with law, in case the same is received in the
office of the 1st respondent, but it would take some time owing to
the state elections.
I have heard the learned counsel for the parties and
appraised the paper book. Without expressing any opinion on the
merits of the matter, dispose of the writ petition by issuing
direction to the 1st respondent that in case of receipt of appeal
WP(C).No.5200 OF 2021(Y)
Ext.P10, shall decide the same in accordance with law after
affording opportunity of hearing to the petitioner and the
respondents therein, preferably within a period of three months
from the receipt of certified copy of this judgment.
Sd/-
AMIT RAWAL
JUDGE
nakT
WP(C).No.5200 OF 2021(Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 06.11.1992.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.
5323/2004 DATED 08/10/2010.
EXHIBIT P3 TRUE COPY OF THE U.O NO.
4357/BII/2011/ACAD DATED 11/08/2011 OF
THE M.G. UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.NO.
30056/2012 DATED 23.03.2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC
NO.25490/2018 DATED 21.02.2018.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.
B2/2/2018/ACADEMIC DATED 22.01.2018. OF
THE M.G. UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE
GUIDELINES OF CAREER ADVANCEMENT SCHEME.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SCERT.
EXHIBIT P8(A) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE M.G.UNIVERSITY DATED 21.06.2011.
EXHIBIT P8(B) TRUE COPY OF THE DUTY CERTIFICATE ISSUED
BY THE M.G.UNIVERSITY.
EXHIBIT P8(C) TRUE COPY OF THE CERTIFICATE OF
PARTICIPATION ISSUED BY THE UNIVERSITY
OF KERALA DATED 04.12.2019.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE M.G. UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE APPEAL PETITION
SUBMITTED BY THE PETITIONER DATED
07.01.2021.
