Kerala High Court
S.Sreekumaran vs The Kerala Agricultural ... on 4 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
WP(C) NO. 13440 OF 2022
PETITIONER:
S.SREEKUMARAN, ASSISTANT LIBRARIAN, COLLEGE OF
AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM, RESIDING AT
KAVUVILA PUTHENVEEDU, ATHAZAMANGALAM, NEYYATTINKARA
P.O, THIRUVANANTHAPURAM - 695121.
SRI.P.V.JAYACHANDRAN
SRI.VENU MENON
RESPONDENTS:
1 THE KERALA AGRICULTURAL UNIVERSITY (KAU)
VELLANIKKARA, THRISSUR - 680656, REPRESENTED BY ITS
REGISTRAR.
2 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL
UNIVERSITY, VELLANIKARA, THRISSUR, 680656, REPRESENTED
BY ITS VICE CHANCELLOR.
3 THE REGISTRAR, THE KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA P.O, THRISSUR - 680656.
SMT.K.L.LAKSHMI RANI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13440 OF 2022
2
JUDGMENT
When this matter was called today, the learned counsel
on both sides were ad idem that the legal and forensic issues
involved in this case have been answered by a learned
Division Bench of this Court in Ext.P7 judgment.
2. However, the learned standing counsel for the
University - Smt.Lakshmi Rani, submitted that the petitioner
will not be able to obtain any relief in this writ petition
because he was not a petitioner in the writ petition from
which the afore judgment arose; and also because the
petitioners therein are still awaiting concurrence of the
enhancement of their retirement age from the Government.
3. I am afraid that I cannot find favour with the afore
submissions of Smt.Lakshmi Rani because, when the law has
been declared by this Court through Ext.P7, it applies to all
the employees of the University.
4. I am, therefore, firm that the reliefs obtained by the
petitioners in Ext.P7 must inure and be applicable to the
petitioner herein also.
5. In the afore circumstances, the competent Authority
of the University is directed to consider the claim of the
WP(C) NO. 13440 OF 2022
petitioner, adverting to Ext.P7 judgment and after affording
him an opportunity of being heard; thus culminating in an
appropriate order thereon, as expeditiously as is possible, but
not later than three months from the date of receipt of a copy
of this judgment.
Needless to say, until such time as the afore exercise is
completed and the resultant order communicated to the
petitioner, any action for terminating him from service shall
be deferred.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 13440 OF 2022
APPENDIX OF WP(C) 13440/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NEW AND
RESTRUCTURED POST GRADUATE CURRICULA AND
SYLLABI - 2009.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF POST
GRADUATE CURRICULA AND SYLLABI 2009 FOR
M.SC (AGRICULTURE, HORTICULTURE, HOME
SCIENCES, FORESTRY AND C & B) & PHD.
Exhibit P3 TRUE COPY OF THE LETTER NO.EXT.P5/10 DATED
06.12.2010 OF THEN ASSOCIATE DIRECTOR &
HEAD.
Exhibit P4 TRUE COPY OF THE LETTER DATED 11.10.2011
BY THE COURSE TEACHER.
Exhibit P5 TRUE COPY OF THE LETTER NO. IBC/07/2011
DATED 4.4.2012 BY THE COURSE DIRECTOR.
Exhibit P6 TRUE COPY OF THE ORDER NO.A.W/01/PG/2012
DATED 6.8.2012 OF THE PROFESSOR (ACAD PG).
Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT IN W.A
NO. 1950, 1895, 1907 OF 2016 DATED
13.04.2018.
RESPONDENT EXHIBITS
Exhibit R3 A TRUE COPY OF THE RELEVANT PORTIONS OF
CURRICULA AND SYLLABI -2009 OF PG
PROGRAMMES.
Exhibit R3 B TRUE COPY OF THE UNIVERSITY ORDER
NO.ACAD/B2/2016/101/4792 DATED 26.5.2016
Exhibit R3 C TRUE COPY OF THE DECISION OF 574TH MEETING
OF EXECUTIVE COMMITTEE DATED 16.11.2018
WP(C) NO. 13440 OF 2022
Exhibit R3 D TRUE COPY OF THE UNIVERSITY LETTER
GA/J3/162137/2016 DATED 15.12.2018
Exhibit R3 E TRUE COPY OF THE GOVERNMENT LETTER
NO.AF2/40/2019/AGRI DATED 10.6.2020
