Kerala High Court
Ajith Prasad K. P vs State Of Kerala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 1875 OF 2022
PETITIONER/S:
AJITH PRASAD K. P.
AGED 60 YEARS
S/O. CHELLAPPAN PILLAI, KARAMEL,
AVANEESWARAM R. S. P. O., KOLLAM - 691 508.
(RETIRED PRINCIPAL IN CHARGE, NSS COLLEGE,
RAJAKUMARI, IDUKKI)
BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
ERNAKULAM, OFFICE OF THE DEPUTY DIRECTOR OF
COLLEGIATE EDUCATION, HOSPITAL ROAD,
ERNAKULAM, KOCHI - 682 011.
4 THE PRINCIPAL
N.S.S. COLLEGE, RAJAKUMARI, IDUKKI - 685 619.
BY ADVS.
SRI. R.T.PRADEEP
SRI. M.BINDUDAS
SRI. K.C.HARISH
WP(C) NO. 1875 OF 2022 2
SMT. SURYA BINOY, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1875 OF 2022 3
JUDGMENT
The petitioner, while working as the Principal of the NSS College,
Rajakumari retired from service on 31.03.2018. The grievance projected by
the petitioner in this writ petition concerns the anomaly of pay between the
petitioner and his junior in service. It is in the afore circumstances that the
petitioner has approached this Court seeking the following reliefs:
i) Issue a writ of mandamus or any other appropriate writ order or
direction directing the respondents 1 to 3 to step up the salary of the
petitioner of that of his junior on the basis of the judgments of this
Honourable Court in W.A. No.488/2017 as early as possible.
ii) Issue a writ of mandamus or any other appropriate writ order
or direction directing the respondents 1 to 3 to release entire arrears due
to the petitioner after step up the salary of the petitioner that of this
junior in view of Ext.P7 without further delay.
2. The petitioner has produced Ext.P5 particulars showing the disparity
in the salary between him and his junior in service, Dr.Suresh Kumar B.
3. The learned Government Pleader, on instructions, submitted that the
representation submitted by the petitioner was received and the 3rd
respondent has issued directions to the 4th respondent to submit the service
books of both the petitioner as well as Dr.Suresh Kumar B, his junior in
service so as to enable the 3rd respondent to decide as to whether there is an
anomaly. According to the learned Government Pleader as and when the
service books are submitted by the 4th respondent, the Principal of NSS
College, Rajakumari, a decision shall be taken by respondents 2 and 3.
4. Sri. M.S. Radhakrishanan Nair, the learned counsel appearing for the
petitioner submitted that in view of the said submission, directions be issued
to the 4th respondent to submit the records called for by the 3rd respondent
in an expeditious manner.
5. In that view of the matter, this writ petition is disposed of by issuing
the following directions :
1. The 4th respondent shall submit the service books of Sri. Ajith
Prasad K.P, the petitioner herein as well as Dr. Suresh Kumar B.,
his junior in service as requested by the 3rd respondent within a
period of two weeks from today.
2. On receipt of the service books, the 3rd respondent shall ascertain
as to whether there is any senior pay disparity between the
petitioner and Dr. Suresh Kumar B., as per procedure, in
accordance with law and in terms of the law laid down by this
Court in Ext.P4, Ext.P5 and Ext.P7 Government Order.
3. A decision shall be taken within a period of two months from the
date of receipt of the documents from the 4th respondent.
This Writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 1875/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF UGC
REGULATION 2010.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE
G.O.(P) NO.58/2010/H.EDN. DATED 27.03.2010
ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.32933/14 PASSED BY THIS HONOURABLE
COURT DATED 28.10.16.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.488/17
DATED 06.06.2017 PASSED BY THIS HONOURABLE
COURT.
Exhibit P5 TRUE COPY OF THE REMINDER SUBMITTED BY THE
PETITIONER DATED 12.01.2022 TO THE 2ND
RESPONDENT.
Exhibit P6 TRUE COPY OF THE G.O.(RT)
NO.1594/2021/H.EDN. DATED 29.11.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE G.O.(RT)
NO.42/2022/H.EDN. DATED 07.01.2022 ISSUED
BY THE 1ST RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
