Kerala High Court
Dr.Abdul Majeed.T.A vs State Of Kerala on 21 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(C) NO. 43426 OF 2023
PETITIONER :
DR.ABDUL MAJEED T.A.,
AGED 53 YEARS,
SON OF A.ABDUL RAHMAN HAJI,
PROFESSOR, ARABIC DEPARTMENT,
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY POST, MALAPPURAM,
PIN - 673 635
BY ADVS.
AUGUSTINE JOSEPH
TONY AUGUSTINE
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 UNIVERSITY OF CALICUT
REP. BY ITS REGISTRAR,
CALICUT UNIVERSITY POST,
MALAPPURAM, PIN - 673 635
SRI.P.C.SASIDHARAN, SC
SRI.PREMCHAND R.NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 43426 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.43426 of 2023
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Dated this the 21st day of December, 2023
JUDGMENT
Petitioner's service as a Registrar of the University was terminated
due to statutory amendment. After the termination of his service as
Registrar, he was permitted to continue as a professor in the University.
In the meantime, the Government initiated steps to recover the salary
paid to the petitioner after his termination as Registrar.
2. Pointing out that in similar situation, in respect of other
Universities, the services during the period after the amendment till the
service as a Professor was terminated, regularisation was effected by
Ext.P2 and Ext.P3 orders. According to the petitioner, he stands on a
similar footing and ought to be given the same benefit as other similarly
situated persons. Pointing out the above, a representation has been
submitted as Ext.P4 before the first respondent. The limited prayer now
sought for by the petitioner is for a direction to consider and pass
appropriate orders on Ext.P4, in a time bound manner.
3. Having heard Sri.Augustine Joseph, the learned counsel for the
petitioner, Sri.Premchand R.Nair, the learned Senior Government Pleader
for the first respondent as well as Sri.P.C.Sasidharan, the learned
Standing Counsel for the 2 nd respondent, I am of the view that this writ
WP(C) NO. 43426 OF 2023
petition can be disposed of with a direction.
4. Accordingly, there will be a direction to the first respondent to
consider and pass appropriate orders on Ext.P4 representation, as
expeditiously as possible, at any rate, within a period of three months
from the date of receipt of a copy of this judgment, after granting an
opportunity of hearing to the petitioner. The proceedings to recover the
unauthorised payments made to the petitioner, pursuant to Ext.P1, shall
be kept in abeyance till a decision, as directed above, is taken.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 43426 OF 2023
APPENDIX OF WP(C) 43426/2023
PETITIONER'S EXHIBITS :
Exhibit-P1 TRUE COPY OF THE RELEVANT PAGES OF ORDER
NO.B2/210/2019/HEDN DATED 6.9.2019 OF THE
1ST RESPONDENT
Exhibit-P2 TRUE COPY OF THE ORDER IN G.O.
(RT).NO.618/2021/HEDN DATED 20.4.2021.
Exhibit-P3 TRUE COPY OF THE LETTER NO.B2/259/
2019 /HEDN DATED 20.3.2020.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION FILED ON
25.11.2023 BEFORE THE 1ST RESPONDENT.
