Union Of India vs Rajkumar R
2022 Latest Caselaw 47 Ker

                    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.
          Monday, the 3rd day of January 2022 / 13th Pousha, 1943
                            WA NO. 1764 OF 2020

         AGAINST JUDGMENT DATED 11.10.2019 IN WP(C) 4117/2018       AND

              ORDER DATED 11.11.2020 IN RP 796/2020 OF THIS COURT

                                     ---

APPELLANTS/RESPONDENTS 1 & 2 IN WP(C):

1.UNION OF INDIA,REPRESENTED BY ITS PRINCIPAL SECRETARY,

  MINISTRY OF SCIENCE AND TECHNOLOGY,

  DEPARTMENT OF SCIENCE AND TECHNOLOGY,TECHNOLOGY BHAVAN,

  NEW MEHARAULI ROAD,NEW DELHI -110 016.

AND ANOTHER

BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.P.VIJAYAKUMAR AND

CENTAL GOVERNMENT COUNSEL SRI.K.R.RAJKUMAR

RESPONDENTS/PETITIONERS 1 TO 3 IN WP(C):

1.RAJKUMAR R.,AGED 28 YEARS,S/O.RAJAN PILLAI K.,

  RESIDING AT REVATHY, VADAKKUMTHALA P.O.,KARUNAGAPPALLY,

  KOLLAM -690 536,PHD RESEARCH SCHOLAR,DEPARTMENT OF HUMANITIES,

  INDIAN INSTITUTE OF SPACE SCIENCE AND TECHNOLOGY,

  VALIYAMALA, THIRUVANANTHAPURAM - 695 547.

AND 2 OTHERS

BY ADV.SRI. SHANKAR V.


     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 of the judgment dated 11.10.2019 in WPC No.4117 of 2018
passed by the learned Single Judge pending disposal of this Writ Appeal.


     This Writ Appeal again coming on for orders on 03/01/2022 upon
perusing the appeal memorandum and this court's order dated 29.01.2021,
the court on the same day passed the following:
 EXT.P12:TRUE COPY OF THE PH.D RULES AND REGULATION

DATED 26.10.2017.

                             ---
                    A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C. P., JJ
                                -------------------------------------------------
                                             W A.No.1764 of 2020
                                  -------------------------------------------------
                                   Dated this the 3rd day of January,2022

                                                    ORDER

A.K.Jayasankaran Nambiar, J.

The only issue that arises for consideration in this appeal is

whether Ext.P12 Ph.D. Rules and Regulations approved by the

Director of the Indian Institute of Space Science and Technology

(IIST) on 26.10.2017 in its Regulation of Research Fellowship,

was given effect retrospectively with effect from 21.10.2014?

The answer to the said question will reveal whether for the

period from 21.10.2014 to the date of coming into force of

Ext.P12 Regulations, Scholars with NET Lectureship in Sciences

and Humanities were being paid the same rate of Fellowship of

Rs.12.000/- per month or whether different payments of

Rs.12,000/- for NET Lectureship in Humanities and Rs.25,000/-

per month for NET Lectureship in Sciences was being paid to the

Scholars in the IIST.

The appellants shall file an affidavit clarifying the above

aspect within ten days from today.

Post on 17.01.2022 for disposal in the top of the list.

Sd/-

A.K.JAYASANKARAN NAMBIAR, JUDGE

Sd/-

MOHAMMED NIAS.C.P., JUDGE

dlk/3.01.22

03-01-2022 /True Copy/ Assistant Registrar