George T., S/O.Late Thomas vs Dr.K.S.Anil Kumar
2022 Latest Caselaw 11011 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                    CON.CASE(C) NO. 1889 OF 2022
AGAINST THE JUDGMENT IN WP(C) 1778/2021 OF HIGH COURT OF KERALA
PETITIONER:

          GEORGE T., S/O.LATE THOMAS
          AGED 50 YEARS
          I GRADE ELECTRICIAN, UNIVERSITY OF KERALA,
          PALAYAM, THIRUVANANTHAPURAM, RESIDING AT
          MORNING STAR, VADDIYIL THOPPE,
          NEAR B.P.C.L., MEENAMKULAM, KAZHAKUTTOM,
          THIRUVANANTHAPURAM, PIN - 695582.
          BY ADVS.
          B.MOHANLAL
          ASWIN V. NAIR
          KARTHIK J SEKHAR
          ABIJITH M.


RESPONDENTS:

    1     DR.K.S.ANIL KUMAR
          FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER,
          THE REGISTRAR, UNIVERSITY OF KERALA, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695033
    2     DR.V.P.MAHADEVAN PILLAI
          FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER,
          THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695033
          BY ADVS.
          SRI.THOMAS ABRAHAM - SC, KERALA UNIVERSITY



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C)NO.1889/2022            2

                            JUDGMENT

The petitioner alleges that Annexures A2 and A3 orders issued

by the respondents are in blatant disregard to the directions of this

Court in the judgment in W.P(C)No.1778 of 2021 dated 19.7.2022.

2. Sri.B.Mohan Lal - learned counsel for the petitioner, pointed

out that though this Court had directed the respondents to consider

his client's claim for promotion without insisting that he ought to

have been promoted either as Overseer Gr.I or Gr.II, purported in

compliance of the same, Annexures A2 and A3 record the decision to

promote him as Overseer Gr.II, but subject to the concurrence of the

Chancellor. He submitted that this is an impossibility and the

reasons for this are already available in the judgment itself.

3. I must say that I find some force in the afore submissions of

Sri.B.Mohan Lal because, this Court has already found that

petitioner cannot be promoted as Overseer Gr.II or Gr.I, since same

has been abolished. Therefore, Annexures A2 and A3, to the extent

to which it orders his promotion as Overseer Gr.II and then seeking

the concurrence of the Chancellor, do not appear to be in

consonance with the spirit of the judgment.

4. Sri.Thomas Abraham - learned Standing Counsel for the

respondent - University, submitted that if this Court is not inclined

to accept Annexures A2 and A3, then liberty may be offered to his

clients to reconsider the matter; however, with the petitioner being

directed to accept a commensurate post subject to his qualifications.

5. Indubitably, what this Court directed was that petitioner be

afforded promotion to a post which is commensurate to his

qualifications and by no stretch of imagination can the directions be

construed that he can be given a post to which he is not entitled to.

In the afore circumstances, I close this contempt case,

recording the submissions of Sri.Thomas Abraham that Annexures

A2 and A3 will stand withdrawn and that the competent Authority

will reconsider the matter in terms of the judgment, after affording

the petitioner a fresh opportunity of being heard.

I make it clear that all liberties to the competent Authority to

take a decision as per law and in terms with the judgment, are left

open.

Needless to say, the afore shall be done as expeditiously as is

possible, but not later than three months from the date of receipt of

a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.11

APPENDIX OF CON.CASE(C) 1889/2022

PETITIONER ANNEXURES Annexure-A1 CERTIFIED COPY OF THE JUDGEMENT IN WP(C) NO: 1778/2021 DATED 19/07/2022 Annexure-A2 TRUECOPY OF THE ORDER DATED 19/08/2022 BY THE 2ND RESPONDENT Annexure-A3 TRUECOPY OF THE ORDER DATED 26/09/2022 BY THE 1ST RESPONDENT Annexure-A4 TRUECOPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 06.11.2020 RESPONDENT ANNEXURES ANNEXURE R1(a) The true copy of the Amendment Proposal to the schedule to Kerala University First Ordinance, 1978 ANNEXURE R1(b) The relevant portion of the minutes of the meeting of the Syndicate held on 18.03.2022 ANNEXURE R1(c) The true copy of the minutes of the meeting of the Senate held on 25th and 26th March 2022