Kerala High Court
Sethumadhavan Puzhakkal vs State Of Kerala on 5 April, 2022
WP(C) NO. 8075 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 8075 OF 2022
PETITIONER:
SETHUMADHAVAN PUZHAKKAL,
AGED 66 YEARS,
S/O. ANDY,
PUZHAKKAL HOUSE, KADALUNDI P.O.,
KOZHIKODE., PIN - 673 302.
BY ADVS.
DHANYA P.ASHOKAN
M.R.VENUGOPAL
S. MUHAMMAD ALIKHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
HEAD POST OFFICE, ARAVIND GHOSH RD, MANANCHIRA,
KOZHIKODE., PIN - 673001
3 THE PRINCIPAL,
SREE NARAYANA GURU COLLEGE, KOZHIKODE BALUSSERY
ROAD, CHELANNUR., PIN - 673 616.
4 THE MANAGER,
SREE NARAYANA GURU COLLEGE, KOZHIKODE BALUSSERY
ROAD, CHELANNUR., PIN - 673 616.
R3 & 4 BY ADVS.
P.M.SANEER
WP(C) NO. 8075 OF 2022 2
A.N.RAJAN BABU
R.GOPAN
OTHER PRESENT:
R1 & R2 BY SMT.SURIYA BINOY, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 8075 OF 2022 3
JUDGMENT
The grievance projected by the petitioner in the writ petition concerns
the inaction on the part of the 3rd respondent in granting two advance
increments payable to the petitioner on account of acquiring PhD
qualification while in service. The petitioner contends that narrating the
grievance the petitioner has submitted Ext.P6 representation before the 2nd
and 3rd respondents. It is on this assertion that this writ petition is filed
seeking the following relief:
" To issue a Writ of Mandamus or any other writ or order or direction,
directing the 2nd and 3rd respondents to consider and pass appropriate
orders on Ext.P6 in specific reference to clause 6.19 of Ext.P2 GO within
a time frame as this Hon'ble Court deem fit."
2. When the matter came up for consideration, Sri.A.N.Rajan Babu, the
learned counsel appearing for the 4th respondent submitted that Ext.P6
request made by the petitioner was considered by the 4th respondent
Manager to the 3rd respondent to forward the documents relating to the
grant of PhD increment to the Deputy Director of Collegiate Education and
consequent to the same, steps have been taken to forward the papers. It is
submitted that on 01-04-2022, the papers have been forwarded to the 2nd
respondent.
3. In that view of the matter, there will be a direction to the 2nd
respondent to consider the documents forwarded by respondents 3 and 4
and to take a decision to grant the request made in Ext.P6 in the light of
Ext.P2, as expeditiously as possible, at any rate, within a period of three
weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
amk
APPENDIX OF WP(C) 8075/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 23/05/2008
ISSUED BY THE UNIVERSITY OF CALICUT CONFERRING
PHD TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE G.O.(P) NO.171/99/H.EDN DATED
21/12/1999 ISSUED BY THE GOVERNMENT OF KERALA
Exhibit P3 TRUE COPY OF THE LETTER DATED 23/03/2009
ISSUED BY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE LAWYER NOTICE DATED
16/02/2019 ISSUED TO THE 2ND AND 3RD
RESPONDENTS BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE LETTER DATED 27/02/2019
ISSUED BY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
03/03/2022 SUBMITTED BEFORE THE 2ND AND 3RD
RESPONDENTS BY THE PETITIONER
