Premjith S vs Principal Secretary
2022 Latest Caselaw 9021 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                    WP(C) NO. 17967 OF 2022
PETITIONERS:

    1     PREMJITH S
          AGED 34 YEARS
          S/O SUGUNAN P.P, PARUVATHARA HOUSE,
          SACHIVOTHAMPURAM P.O, KOTTAYAM DISTRICT,
          PIN - 686532.
    2     NIDHIN R
          AGED 34 YEARS
          S/O P.K RAVINDRAN, MANGALAPPALLIL HOUSE,
          MOOLAVATTOM P.O., KOTTAYAM DISTRICT, PIN - 686012.
    3     SREEKANTH S
          AGED 33 YEARS
          S/O K R SASEENDRAN, KAPPEPARAMBIL HOUSE,
          MANNARKANDOM P.O, ADIMALI, IDUKKI DISTRICT,
          PIN - 685561
          BY ADVS.
          K.MOHAMMED RAFEEQ
          AMARNATH R LAL
          BEN TOM
          SANALDEV E.P.
          P.M.MATHEW
          VISHNUMAYA ANANDAN


RESPONDENTS:

    1     PRINCIPAL SECRETARY
          DEPARTMENT OF HIGHER EDUCATION, FOURTH FLOOR, ANNEX
          2, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
          DISTRICT-1.
    2     CHAIRMAN
          ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON
          MANDELA MARGH, VASANTH KUNJ, NEW DELHI, PIN - 110070
    3     REGISTRAR
          APJ ABDUL KALAAM TECHNICAL UNIVERSITY CET CAMPUS,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695016
    4     THE VICE CHANCELLOR
          APJ ABDUL KALAM TECHNICAL UNIVERSITY CET CAMPUS,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695016
    5     GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY
          VENNIMALA, PAYYAPPADY P.O, KOTTAYAM - 686001,
          REPRESENTED BY ITS CHAIRMAN.
 WP(C) NO. 17967 OF 2022
                                      2

     6       THE CHAIRMAN
             GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY,
             VENNIMALA, PAYYAPPADY P.O, KOTTAYAM, PIN - 686001
     7       THE SECRETARY
             GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY,
             VENNIMALA, PAYYAPPADDY P.O, KOTTAYAM, PIN - 686001
             BY ADV Sajith Kumar V.


OTHER PRESENT:

             SMT PARVATHY K-GP; SRI ELVIN PETER P.J.-SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.07.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17967 OF 2022
                                  3

                            JUDGMENT

The petitioners say that while they were working in the

services of the 5th respondent - 'Gurudeva Institute of Science and

Technology' (hereinafter referred to as 'the College' for short),

their salary was not paid in full and that every month some

amounts were deducted unfairly. They say that they have,

therefore, preferred Exts.P9 and P10 representations before the 2 nd

respondent - Chairman of All India Council for Technical

Education, (AICTE), as also the 4 th respondent - Vice Chancellor of

APJ Abdul Kalam Technological University (hereinafter referred to

as 'the University' for short) to which the 5 th respondent - College

is affiliated; but allege that no action has been taken by either of

the Authorities until now. They, therefore, pray that said

Authorities be directed to take up their representations and

dispose it of in terms of law, within a time frame to be fixed by this

Court.

2. Sri.Elvin Peter P.J. - learned Standing Counsel for the

University, answered the afore request of the petitioners, made by

their learned counsel - Sri.K.Mohammed Rafeeq, saying that if the WP(C) NO. 17967 OF 2022

petitioners only require Ext.P9 to be taken up and disposed of by

the competent Authority of the University, same can be done in

terms of the applicable guidelines of the University as well as that

of the AICTE; however, praying that it may be left with the said

Authority to take an apposite decision on it as per law.

3. When I consider the afore submissions, it is indubitable

that no reasons are forthcoming from the 5th respondent - College

as to why the deduction of salary, if true, had been made from the

petitioners. Obviously, therefore, it is now for the University to

consider all these aspects in its proper perspective.

Resultantly, I order this writ petition and direct the

competent Authority of the APJ Abdul Kalam Technological

University to take up Ext.P9 representation - though it is made

before the Vice Chancellor - and dispose of the same in any

manner as is apposite, after hearing the petitioners as well as the

5th respondent; thus culminating in an appropriate order and

necessary action thereon as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment.

WP(C) NO. 17967 OF 2022

Needless to say, while completing the afore exercise, the

competent Authority of the University will keep in mind the

applicable regulations of the AICTE also.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/27.7 WP(C) NO. 17967 OF 2022

APPENDIX OF WP(C) 17967/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 06.01.2022 ISSUED BY THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE.

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 03.11.2021 ISSUED BY THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE Exhibit P3 TRUE COPY OF THE RECEIPT DATED 28.12.2015 ISSUED BY THE SEVENTH RESPONDENT TO THE FATHER OF THE SECOND PETITIONER Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER DATED 29.05.2012 ISSUED BY THE DIRECTOR -

ADMINISTRATION OF THE FIFTH RESPONDENT COLLEGE.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 01.06.2012 ISSUED BY THE SEVENTH RESPONDENT TO THE THIRD RESPONDENT.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 20.03.2020 ISSUED BY THE MINISTRY OF LABOR AND EMPLOYMENT TO CHIEF SECRETARIES OF THE STATES.

Exhibit P7 TRUE COPY OF THE INSTRUCTION DATED 15.04.2020 ISSUED BY THE MEMBER SECRETARY OF THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION TO THE INSTITUTES AND COLLEGES. Exhibit P8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE SECOND RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 13.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE FOURTH RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 16.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION 02.03.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT.

Exhibit P11a TRUE COPY OF THE REPRESENTATION 05.03.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT Exhibit P11b TRUE COPY OF THE REPRESENTATION 24.02.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT.

Exhibit P12 TRUE COPY OF THE DECLARATION DATED WP(C) NO. 17967 OF 2022

31.08.2021 PUBLISHED BY THE SEVENTH RESPONDENT AND THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE.

Exhibit P13 TRUE COPY OF THE COMMUNICATION DATED 26.04.2022 ISSUED BY THE SECOND RESPONDENT TO THE DIRECTOR OF THE FIFTH RESPONDENT COLLEGE.