Dr. P.V Pushpaja vs State Of Kerala
2023 Latest Caselaw 8899 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 22770 OF 2023
PETITIONER:

          DR.P.V PUSHPAJA
          AGED 60 YEARS
          W/O.N.V.VIJAYAN, PRINCIPAL (RTD.)
          NEHRU ARTS AND SCIENCE COLLEGE, KANHANGAD,
          KASARGOD DISTRICT, RESIDING AT USHASS, POLLAPOIL
          KADAKKAD PO, KASARGOD DISTRICT, PIN - 671310
          BY ADVS.
          MATHEW JACOB (KUNNATHU)
          SYRIAC JOSEPH
          AMALA.V.S
          K.P.VRINDA
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
          HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF COLLEGIATE EDUCATION
          DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
          THIRUVANANTHAPURAM, PIN - 695033
    3     THE DY. DIRECTOR OF COLLEGIATE EDUCATION
          MANANCHIRA, KOZHIKKODE, PIN - 673001
    4     THE PRINCIPAL
          NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD,
          KASARGOD DISTRICT, PIN - 671314
          SRI.JAWAHAR JOSE
          SRI.SAFEER BAWA A.S.(K/002552/2022)
          SRI.HAMED ABDULLA JAVAHIR(K/001728/2023)
          SMT.NISHA BOSE, SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22770 OF 2023

                                      2




                               JUDGMENT

Dated this the 14th day of August, 2023

This writ petition is filed seeking directions to the respondents to

sanction the fitment and pension in the revised scale to the petitioner.

It is submitted by the learned counsel for the petitioner that the

petitioner retired from service on superannuation on 31.05.2018 while

working as the Principal of the Nehru Arts & Science College,

Kanhangad. It is submitted that the 7th UGC pay revision and the

benefits thereof have not been extended to the petitioner.

2. The learned counsel appearing for the 4th respondent submits that

the service book as well as the proposals and the representations

submitted by the petitioner have been forwarded by the 3 rd respondent

to the 2nd respondent on 30.07.2023 and that the matter is pending

before the 2nd respondent.

3. The learned Government Pleader submits that the proposals for

refixation of pension have been obtained from the Principal and duly

forwarded to the 2nd respondent.

WP(C) NO. 22770 OF 2023

4. In the above view of the matter, there will be a direction to the

2nd respondent to take up the proposals forwarded by the 3rd respondent

and to consider and pass orders on the same, taking note of the

contentions of the petitioner as well. Appropriate orders shall be

passed within a period of two months from the date of receipt of a

copy of this judgment. The benefits due to the petitioner shall also be

released to the petitioner within a period of one month thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 22770 OF 2023

APPENDIX OF WP(C) 22770/2023

PETITIONER'S EXHIBITS Exhibit P1 NOTIFICATION FROM THE HIGHER EDUCATION DEPARTMENT, GOVT OF KERALA DATED 29.09.2019 Exhibit P2 NOTIFICATION FROM THE HIGHER EDUCATION DEPARTMENT, GOVT OF KERALA DATED 30.09.2019 Exhibit P3 LETTER SUBMITTED TO THE 4TH RESPONDENT 17.12.2021 Exhibit P4 LETTER RESUBMITTING THE PROPOSAL DATED 03.09.2022 Exhibit P5 REMINDER SENT TO THE 4TH RESPONDENT BY THE 3RD RESPONDENT REGARDING THE PENDING PROPOSAL, DATED 20.03.2023 Exhibit P6 REPLY DATED 18.04.2023 TO THE LETTER DATED 15.03.2023 ISSUED UNDER RTI ACT 2005. RESPONDENTS' EXHIBITS: NIL