Asokan P.S vs The Mahatma Gandhi University
2022 Latest Caselaw 6565 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 27750 OF 2019
PETITIONER/S:

    1     ASOKAN P.S.
          AGED 57 YEARS
          S/O.LATE V.N.SANKARAN, RESIDING AT PULPARAMBIL HOUSE,
          EAST MARADY.P.O., MOOVATTUPUZHA-686673
    2     SHEEBA P. CHERIYAN
          AGED 55 YEARS
          W/O.ABRAHAM PHILIP, REFERENCE ASSISTANT, UNIVERSITY
          LIBRARY, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI
          HILLS, ATHIRAMPUZHA.P.O., KOTTAYAM-686560 RESIDING AT
          ARUKANNIL HOUSE, VELLOOR(P.O), KOTTAYAM-686501
    3     SHYAMA K.R
          AGED 51 YEARS
          W/O.C.PARAMESWARA KARTHA, REFERENCE ASSISTANT, SCHOOL
          OF SOCIAL SCIENCES, MAHATMA GANDHI UNIVERSITY,
          PULLARIKUNNU, KOTTAYAM-686041 RESIDING AT
          NADUVATHEZHATHU HOUSE, CHERTHALA-688529
    4     SUNNY.CP.
          AGED 50 YEARS
          S/O.C.T.POULOSE, REFERENCE ASSISTANT, SCHOOL OF
          CHEMICAL SCIENCES, MAHATMA GANDHI UNIVERSITY,
          PRIYADARSHINI HILLS, ATHIRAMPUZHA.P.O., KOTTAYAM-686560
          RESIDING AT CHULLY HOUSE, THELLAKOM.P.O., KOTTAYAM-
          686630
    5     SALAHUDDEEN PUTHU OTAYIL
          AGED 50 YEARS
          S/O.ABDULKHADER.P.O., REFERENCE ASSISTANT, MAHATMA
          GANDHI UNIVERSITY STUDY CENTRE, PALA-686574. RESIDING
          AT ANEESHA MANZIL, AMAN JUNCTION, NADAKKAL,
          ERATTUPETTA.P.O., KOTTAYAM-686121
          BY ADVS.
          ELVIN PETER P.J.
          SRI.K.R.GANESH
          SMT.N.R.REESHA
          SMT.T.S.LIKHITHA


RESPONDENTS:

    1     THE MAHATMA GANDHI UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS.P.O,
          ATHIRAMPUZHA, KOTTAYAM, PIN-686560
 WP(C) NO. 27750 OF 2019               2

     2       THE REGISTRAR
             MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O,
             ATHIRAMPUZHA, KOTTAYAM PIN-686560
             BY ADV SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY


OTHER PRESENT:

             SRI SURIN GEORGE IPE-SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 27750 OF 2019            3

                            JUDGMENT

The petitioners, who concede to have retired from the services

of the Mahatma Gandhi University (M.G. University) on attaining the

age of superannuation, have approached this Court being aggrieved

by Ext.P16, whereby, their services from the date of initial

appointment till the date of superannuation, have been refused to be

reckoned for the purpose of qualifying service.

2. The petitioners say that the post of Library Assistant is

included in Statute 44, Part C of Chapter 45 of the M.G. University

Statutes and that it is one of the non-teaching posts so created. They

say that the respondents themselves have admitted, in Ext.P8 order,

that they are governed by Section 80 of the M.G. University Act; and

thus that they became entitled to be construed as regular employees,

being eligible to pensionary benefits and other allowances sanctioned

to its employees under Section 81 of the said Act.

3. The petitioners assert that, therefore, the action of the

respondents, in rejecting their claims through Ext.P16, particularly

after their probation had also been declared as per law, is untenable;

and thus, prays that the reliefs sought for in this writ petition be

granted.

4. Sri.K.R.Ganesh - learned counsel appearing for the

petitioners, additionally submitted that in the case of an identically

situated person, Ext.P17 order has been issued, resultant to which

she was granted all eligible benefits from the Kerala University. He,

therefore, prayed that this writ petition be allowed because Ext.P17

would cover the case of his clients also, since the person mentioned

therein was transferred from the M.G. University to the Kerala

University.

5. Sri.Surin George Ipe - learned Standing Counsel for the M.G.

University, on the contrary, submitted that this writ petition is not

maintainable because the petitioners' claims have not been formally

rejected, nor have they assailed Ext.P16 order in this writ petition. He

submitted that, therefore, if the petitioners are so desirous, the

competent Authority of the M.G. University can consider their claims

and issue an appropriate order; however, praying that this Court may

not make any affirmative declarations in their favour and leave it to

be decided by the said Authority as per law.

6. When I consider the afore submissions, it is indubitable that

judicial review can be invoked only when a final decision is taken by

the competent Authority. In this case, though Ext.P16 refers to the

claims of the petitioners, a final decision as regards the same has not

been recorded therein, though it passingly indites that they are not

entitled to the same. That apart, the legal contentions of the

petitioners, namely with respect to their status in the University as

regular employees, as also the applicability of Ext.P17 to persons like

them, have not been considered by the competent Authority of the

M.G. University as of now.

I am, therefore, certainly of the view that the petitioners' claims

will be required to gain the attention of the M.G. University

appropriately; for which purpose, I issue the following directions:

(a) The petitioners will be heard by the competent Authority of

the M.G. University within a period of two weeks from the date of

receipt of a copy of this judgment, during which process, they will be

entitled to produce all documents, including Ext.P17 and such other

materials they intend to rely upon in substantiation of their plea,

which shall also be adverted and reflected in the resultant order.

(b) On the hearing being so completed, the competent Authority

will issue an order to the petitioners and ensure that it is

communicated to them within a period of one month thereafter.

(c) All the contentions of the rival parties are left open to be

pursued during the afore exercise and I also leave liberty to the

petitioners to approach this Court again, after the resultant order is

communicated to them, if it becomes so warranted.

Needless to say, if the petitioners or any of them are now being

paid provisional pension, such status will continue until the above

exercise is completed and the resultant order communicated to them.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/9.6

APPENDIX OF WP(C) 27750/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 18.5.1995 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P3 TRUE COPY OF THE ORDER NO.2107/88/AD.AV(1) DATED 16.11.2000 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXHIBIT P4 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 5.1.1999 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER EXHIBIT P5 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 16.2.1999 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER EXHIBIT P6 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 3.3.1999 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXHIBIT P7 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 24.4.2001 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER EXHIBIT P8 TRUE COPY OF ORDER NO.2107/88/AD.AV(1) DATED 5.12.2000 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXHIBIT P9 TRUE COPY OF ORDER NO.20/2002/AV(1)/ADMN.DATED 28.11.2002 ISSUED BY THE 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONERS 1 AND 5 EXHIBIT P9(A) TRUE COPY OF ORDER NO.20/59/2000/AD.A5(1)/ADMN.DATED 01.11.2000 ISSUED BY THE 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONERS 2,3 & 4 EXHIBIT P10 TRUE COPY OF ORDER NO.2476/AV(1)/2007/ADMN.DATED 5.11.2007 ISSUED BY THE 2ND RESPONDENT REGULARIZING THE SERVICE OF THE 1ST PETITIONER AND OTHERS.

EXHIBIT P11 TRUE COPY OF ORDER NO.6037/AV(1)/2009/ADMN.DATED 31.01.2009 ISSUED BY THE 2ND RESPONDENT PROMOTING THE 1ST PETITIONER AS TECHNICAL ASSISTANT.

EXHIBIT P12 TRUE COPY OF ORDER NO.6281/AV(1)/2017/ADMN.DATED 26.10.2017 ISSUED BY THE 2ND RESPONDENT GRANTING 2ND HIGHER GRADE TO THE 1ST PETITIONER

EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS NO.KSAMGUA2/39/18 DATED 12.2.2018 ISSUED BY THE JOINT REGISTRAR, LOCAL FUND AUDIT DEPARTMENT EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS NO.KSAMGUA2/630/2018 DATED 04.2.2019 ISSUED BY THE JOINT REGISTRAR, LOCAL FUND AUDIT DEPARTMENT TO THE 2ND RESPONDENT EXHIBIT P15 TRUE COPY OF THE NOTE NO.ADAV/LFA/LA/REPORT/2018 DATED 7.09.2018 SENT BY THE 2ND RESPONDENT TO THE ACCOUNTANT GENERAL EXHIBIT P16 TRUE COPY OF THE ORDER NO.1791/A10/2018/ADMN DATED 4.6.2019 ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(A) A TRUE COPY OF THE LETTER 05/04/2018. EXHIBIT R2(B) A TRUE COPY OF THE LETTER NO.KSA MGU A2/202/18 DATED 24.04.2018.

PETITIONER EXHIBITS EXHIBIT P17 TRUE COPY OF THE DISCHARGE SUMMARY DATED 19.4.2022 ISSUED TO THE 1ST PETITIONER FROM ST.MARY'S HOSPITAL, IDUKKI ROAD, THIRUPUZHA.

EXHIBIT P17 TRUE PHOTOCOPY OF THE ORDER NO.AD.AIII.1/SP/28194/2017 DATED 25.10.2017 ISSUD BY THE UNIVERSITY OF KERALA EXHIBIT P18 TRUE PHOTOCOPY OF THE ORDER UO NO.4013/AV-

1/2013/ADMIN DATED 4.8.2014 ISSUED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P19 TRUE PHOTOCOPY OF THE ORDER UO NO.327/ADAV-1/61/2015/ADMIN DATED 14.1.2015 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.