Kerala High Court
Dr. Cyriac Mathew vs State Of Kerala on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 26277 OF 2021
PETITIONER/S:
1 DR. CYRIAC MATHEW,
AGED 63 YEARS
S/O. P.M. MATHEW, ASSOCIATE PROFESSOR (RTD), DEPARTMENT OF CHEMISTRY,
ST. ALBERTS COLLEGE, ERNAKULAM, RESIDING AT VALLOMKUNNEL HOUSE,
39/402, YESORAM LANE, MAMANGALAM, ERNAKULAM DISTRICT-682025.
2 DR. DOMINIC THOMAS,
AGED 63 YEARS
S/O. P.J. THOMAS, ASSOCIATE PROFESSOR (RTD), DEPARTMENT OF CHEMISTRY,
ST. ALBERTS COLLEGE, ERNAKULAM, RESIDING AT PALATHINKAL HOUSE,
THRIKKAKARA P.O., ERNAKULAM DISTRICT-682021.
BY ADVS.
K.MADHUSOODANAN
MATHEW JACOB (KUNNATHU)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUANANTHAPURAM-
695033.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
HOSPITAL ROAD, ERNAKULAM, KOCHI-682011.
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26277 OF 2021
JUDGMENT
Petitioners, 2 in numbers, retired as Associate
Professors in Chemistry Department of St.Alberts College,
Ernakulam an aided college affiliated to Mahatma Gandhi
University, Kottayam in the year 2014. UGC Scheme was
implemented in the college whereas the junior in service to the
petitioners started drawing more salary than the petitioners on his
acquiring Ph.D. There was total impasse with regard to such
anomaly resulting into passing of an order by the Government on
11.9.2018 whereby the permission was granted to the Director of
Collegiate to comply with the directions in the judgment to
remove the anomaly.
2. Learned counsel for the petitioners submitted that
representation for implementation of the aforementioned order
has already been submitted by the petitioners Exts.P3 and P4 on
27.7.2021 and would be satisfied in case the writ petition is
disposed of by issuing directions to the respondents to decide the
representation.
3. Learned Government Pleader submitted that the authority
would not be averse in taking a call on representation, in
accordance with law.
WP(C) NO. 26277 OF 2021
Without expressing any opinion on the merits of the matter, I
dispose of the writ petition with a direction to the 3rd respondent
to take a call on the representations Exts.P3 and P4 and decide
the same in accordance with law, within a period of two months
from the date of receipt of a certified copy of this judgment. If at
all, the respondents require any clarification, the petitioners may
be given an opportunity of hearing and furnishing the documents,
if so desires.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 26277 OF 2021
APPENDIX OF WP(C) 26277/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO.32933/2014 DATED
28/10/2016.
Exhibit P2 TRUE COPY OF THE ORDER GO(RT)
NO.1691/2018/HEDN DATED 11/09/2018 OF THE
1ST RESPONDENT.
Exhibit P3 REQUEST SUBMITTED BY THE 1ST PETITIONER
DATED 27/07/2021 AND ENGLISH TRANSLATION
OF PAGE 24.
Exhibit P4 REQUEST SUBMITTED BY THE 2ND PETITIONER
DATED 27/07/2021 AND ENGLISH TRANSLATION
OF PAGE 28.
