Alfred C.S vs Cochin University Of Science And ...
2021 Latest Caselaw 19108 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        WP(C) NO. 18747 OF 2021
PETITIONER:

          ALFRED C.S.,
          AGED 70 YEARS
          S/O. SAMUAL, RESIDING AT CHETTUNGAL, PUNJATHODE ROAD,
          VATTEKUNNAM, EDAPPALLY, NORTH P.O., ERNAKULAM 682 024.

          BY ADV BINDU SREEKUMAR



RESPONDENTS:

    1     COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ,
          REPRESENTED BY ITS REGISTRAR, KOCHI 682 024.

    2     THE VICE CHANCELLOR,
          COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI 682
          022.

    3     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, TO THE GOVERNMENT, HIGHER
          EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
          695 001.

    4     THE ACCOUNT GENERAL (A &E),
          KERALA, THIRUVANANTHAPURAM.

    5     THE DEPUTY DIRECTOR,
          (HG), LOCAL FUND AUDIT, UNIVERSITY AUDIT WING, COCHIN
          UNIVERSITY CAMPUS, OFFICE OF THE COCHIN UNIVERSITY OF
          SCIENCE AND TECHNOLOGY, KOCHI 682 022.


OTHER PRESENT:

          GP SRI JIMMY GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18747 OF 2021
                                    -2-



                                JUDGMENT

Order Ext.P9 dated 02.11.2020 of Cochin University of

Science and Technology rejecting the grant of salary of higher

scale has been assailed. Learned counsel for the petitioner

submits that the respondents had not taken into consideration the

orders Exts.P6 & P7 and passed order Ext.P9 without affording

any opportunity, much less it lacks cogent reasons.

2. The relevant portion of order Ext.P9 reads as under:

"Your application received as mentioned above has been referred to the Grievance Redressal Committee of the Unviersity by order of the Vice-Chancellor.

16.10.2020 in the Grievance Redressal Committee, after reviewing your application in detail with the relevant rules, recommended that your application be rejected and approved by the Vice-Chancellor. Under the current rules, all the benefits that can be given to you, provided by the University."

3. On perusal of the order extracted above, it is evident

that neither any opportunity of hearing afforded nor any reasons

have been shown as to how and under what circumstances the

reliefs as sought for by the petitioner has been rejected. WP(C) NO. 18747 OF 2021

Authorities at the helm of affairs are legitimately expected to pass

reasoned orders that too, in compliance of the principles of natural

justice. Accordingly, order Ext.P9 is quashed. Writ petition is

allowed. Respondents are directed to afford the petitioner an

opportunity of hearing before passing the order on the prayer

seeking higher scale determination and pass a detailed order

assigning the reasons. Let this exercise be undertaken within a

period of two months from the date of receipt of a certified copy of

the judgment.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 18747 OF 2021

APPENDIX OF WP(C) 18747/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MINUTES DATED 15.5.1993 OF THE MEETING OF THE SYNDICATE.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 6/4/2010 IN WPC NUMBER 23191/2005 OF THE HONOURABLE HIGH COURT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 4/8/2014 IN 1445/2010 OF THE HONOURABLE HIGH COURT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 24.2.2011 IN WPC 11730/2010.

Exhibit P5 TRUE COPY OF THE JUDGMENT WPC 23792/2016 DATED 1/8/2018 IN PRODUCED.

Exhibit P6 TRUE COPY OF THE ORDER NO. AD.G3/35/87 DATED 21.2.2019 ISSUED BY THE IST RESPONDENT.

Exhibit P7 TRUE COPY OF THE MOHANDAS COMMITTEE REPORT DATED 27.12.2003.

Exhibit P8 TRUE COPY OF THE ORDER DATED 28.3.2019 ISSUED BY THE IST RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER DATED 02.11.2020 ISSUED BY THE IST RESPONDENT.

Exhibit P10 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE CARDIAC SURGEON DATED 1/9/2021.