Kerala High Court
Smt. Steena Stephen vs Faseela K.A on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
WA NO. 346 OF 2021
AGAINST JUDGMENT DATED 22.01.2021 IN WP(C) 16955/2019 OF THIS COURT.
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APPELLANTS/RESPONDENTS 3 TO 6:
1.SMT. STEENA STEPHEN,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
2.SMT. SHEHENA KUNJUMON A.,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
3.SMT. S.MAYADEVI,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., COCHIN-682022.
4.SRI. M.V.SAJEEV ,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
BY ADVS. M/S.KALEESWARAM RAJ,VARUN C.VIJAY,ARUNA.A,THULASI K.RAJ
& MAITREYI S.HEGDE
RESPONDENTS/PETITIONERS & RESPONDENT 1 AND 2:
1.FASEELA K.A., AGED 31 YEARS,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., COCHIN-682022.
P.T.O.
2.SUMY THOMAS,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
3.AMBILY G.,SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
4.ANITA SAMUEL, SENIOR GRADE ASSISTANT,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O.,COCHIN-682022.
5.STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
6.COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., COCHIN-682022,
REPRESENTED BY ITS REGISTRAR.
BY SRI.K.JAJU BABU, SENIOR ADVOCATE AND
ADVS.M/S.M.U.VIJAYALAKSHMI,BRIJESH MOHAN, & T.S.ATHIRA FOR R1 TO R4.
SRI.S.P.ARAVINDAKSHAN PILLAY, STANDING COUNSEL FOR R6.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgment dated 22.01.2021
in WP(C) NO.16955/2019 until the above appeal is heard and finally
disposed of.
This Writ Appeal coming on for orders along with connected cases on
07.09.2021 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
A.K.JAYASANKARAN NAMBIAR & MUHAMMED NIAS C.P, JJ
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W.A Nos.346, 372, 447 & 448 of 2021
_______________________________________________
Dated this the 7th day of September, 2021
ORDER
A.K.Jayasankaran Nambiar, J.
In these writ appeals, the issue that arises for consideration
is the inter-se seniority of the contesting parties in the cadre of
Assistant for the purpose of deciding their priority in promotion
to higher posts in the University. When the matter was taken up
today, it is submitted by the learned counsel that the rival
claimants, who are all now working as Senior Grade Assistants,
are awaiting further promotion to the next higher post of
Assistant Section Officer (formerly Selection Grade Assistant) but
the University is not effecting any promotions taking note of the
pendency of these writ appeals. It is agreed by all counsel that
pending determination of their inter-se seniority in the cadre of
Assistant, which will be decided in these writ appeals, they have
no objection in the University filling up the vacant posts of
Assistant Section Officer by promotion from among the category
of Senior Grade Assistants.
Taking note of the said consensus, we permit the University
to fill up the post of Assistant Section Officer from among the
eligible persons in the cadre of Senior Grade Assistant, without
prejudice to their claim for seniority that is pending adjudication
before this Court in these writ appeals.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MUHAMMED NIAS C.P
JUDGE
ab
07-09-2021 /True Copy/ Assistant Registrar
