Kerala High Court
E.K.Govinda Varma Raja vs The University Of Calicut on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 130 OF 2015
PETITIONER:
E.K.GOVINDA VARMA RAJA, ASSISTANT PROFESSOR,
SCHOOL OF FOLKLORE STUDIES, UNIVERSITY OF CALICUT,
KOZHIKODE DISTRICT.
BY ADV SRI.M.P.SREEKRISHNAN
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS
REGISTRAR, CALICUT UNIVERSITY P.O.,
KERALA-673 635.
2 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., KERALA-673 635.
3 THE HIGHER EDUCATION DEPARTMENT
REPRESENTED BY ITS SECRETARY,
TRIVANDRUM-695 001.
BY ADV
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 130/15
2
JUDGMENT
The petitioner was appointed as a Lecturer in the Centre for
Folklore Studies of the Calicut University in the year 2013.
Subsequently, on the complaint dated 10.10.2013 of another
person by name Sri.E.K.Ravi Varma Raja, an enquiry was
initiated into his appointment on the imputation that it was in
violation of the University Statutes and other mandatory
provisions. A senior officer of the Higher Education Department
was appointed as the Enquiry Officer and a report was called for.
2. The Government, thereafter, considering the report of
the Enquiry Officer, issued Ext.P6 order granting sanction to the
petitioner to continue in service 'disregarding the violation of
Statutes in his appointment' (sic) for the reason that he had lost
his lien in the Zamorin's Guruvayoorappan College, Kozhikode,
while he accepted the impugned appointment. The said order also
granted sanction for fixing his pay and allowances in the
University Grants Commission (UGC) Scale from the date he
joined the Calicut University.
WPC 130/15
3. The petitioner alleges that, however, even though
Ext.P6 order was issued as early as on 19.05.2014, no
consequential action was taken thereon; but that, through Ext.P7,
Government ordered all action pursuant to it be deferred until
further orders. He contends that Ext.P7 is egregiously improper
and thus prays that the same be set aside.
4. Sri.M.P.Sreekrishnan - learned counsel for the
petitioner, submitted that, as is evident from the Minutes of the
meeting of the Syndicate of the University, namely Ext.P8, as also
Ext.P9 - which is the communication from the Chancellor of the
University, followed by Ext.P10 order, dated 20.11.2014, all
benefits to his client were ordered to be granted, but that action
pursuant thereto has been now held up solely on account of
Ext.P7 order. He, therefore, reiteratingly prayed that this Writ
Petition be allowed and Ext.P7 set aside, so that Ext.P10 can be
implemented.
5. Sri.P.C.Sasidharan - learned Standing Counsel for the
University, submitted that the disputes in this case are essentially
between the petitioner and the Government of Kerala and that his
WPC 130/15
client has no role to play at this stage.
6. Sri.Joshy Thannickamattam - learned Government
Pleader appearing on behalf of the official respondents, submitted
that Ext.P7 was issued because it had been found that the
petitioner's appointment was in blatant violation of the University
Statutes. He, however, conceded, to a pointed question from this
Court, that it does not say any reason why Ext.P6 order was
ordered to be kept in abeyance and that no further orders have
been issued, though it was stated therein that it will be done.
7. I have examined Ext.P7, which is the order impugned
in this case and, as rightly argued by Sri.M.P.Sreekrishnan, the
Government merely says that the regularisation of the
appointment of the petitioner is kept in abeyance until further
orders. This order was issued as early as on 04.09.2014 and it is
conceded that no further directions were issued by the
Government subsequent thereto.
8. Therefore, as matters now stand, implementation of
Ext.P6 has been delayed ad infinitum, though Ext.P7 does not say
why a decision was taken by the Government to keep it in
WPC 130/15
abeyance. If, Ext.P7 was issued because the Government thought
that the appointment of the petitioner was in violation of the
University Statutes, then it does not state the reason why the
Government had earlier issued Ext.P6, wherein, it has been
specifically conceded that the petitioner has been granted
approval to continue in service 'disregarding the violation of
Statutes in his appointment' (sic). Obviously, Ext.P7 could not
have been issued for that reason and it is only anybody's guess
why the Government was spurred to issue that order without
assigning any reason.
9. Resultantly, I have no doubt that Ext.P7 cannot find
my favour and that Ext.P6 order of the Government must be
allowed to operate, leading to all necessary consequences.
Resultantly and noticing that Ext.P7 has remained stayed
throughout the life of this Writ Petition through interim orders,
thus allowing the petitioner to continue in service until he
superannuated in the year 2015, I order this Writ Petition and
quash the said order.
As a corollary consequence, Ext.P10 will be implemented by
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the University in its letter and spirit, adverting to Ext.P6 order of
the Government dated 19.05.2014; and all eligible benefits - both
service and pensionary - including monetary, will be granted and
disbursed to the petitioner within a period of four months from
the date of receipt of a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 130/15
APPENDIX OF WP(C) 130/2015
PETITIONER EXHIBITS
EXT.P1.A TRUE COPY OF THE LETTER DATED
22/4/2002.
EXT.P2.A TRUE COPY OF THE JUDGMENT IN WPC
NO.22535/2008 DATED 6/8/2008.
EXT.P3.A TRUE COPY OF THE ORDER DATED
22/1/2008 CONSTITUTING A SELECTION
COMMITEE TO ASSESS THE ELIGIBILITY AND
SUITABILITY OF THE PETITIONER
EXT.P4.A TRUE COPY OF THE EXTRACT OF THE
MINUTES OF THE MEETING OF THE SYNDICATE
OF THE UNIVERSITY OF CALICUT DATED
6/12/2008.
EXT.P5.A TRUE COPY OF THE ORDER DATED
13/2/2013 ISSUED BY THE UNIVERSITY OF
CALICUT
EXT.P6.A TRUE COPY OF THE ORDER DATED
19/5/2014 ISSUED BY THE 3RD RESPONDENT
EXT.P7.A TRUE COPY OF THE ORDER DATED
4/9/2014.
EXT.P8.A TRUE COPY OF THE EXTRACT OF THE
MINUTE OF THE MEETING OF THE SYNDICATE OF
THE 1ST RESPONDENT UNIVERSITY DATED
20/9/2012.
EXT.P9.A TRUE COPY OF THE COMMUNICATION
ISSUED FROM THE CHANCELLOR DATED
26/8/2014.
EXT.P10.A TRUE COPY OF THE ORDER DATED
20/11/2014.
