Anwar Shafi C vs State Of Kerala
2023 Latest Caselaw 2067 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3630 OF 2023
PETITIONERS:

    1       ANWAR SHAFI C.
            AGED 37 YEARS
            ASSISTANT PROFESSOR (ARABIC), MAR THOMA COLLEGE,
            CHUNGATHARA, MALAPPURAM DISTRICT., PIN - 679334

    2       SANOJ K.T.
            AGED 38 YEARS
            ASSISTANT PROFESSOR (COMMERCE), MAR THOMA COLLEGE,
            CHUNGATHARA, MALAPPURAM DISTRICT., PIN - 679334

    3       RINCY JAMES
            AGED 38 YEARS
            ASSISTANT PROFESSOR (COMMERCE), MAR THOMA COLLEGE,
            CHUNGATHARA, MALAPPURAM DISTRICT., PIN - 679334

            BY ADVS.
            P.M.PAREETH
            AISWARYA VENUGOPAL
            NAJEEB P.S



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695001

    2       DIRECTOR OF COLLEGIATE EDUCATION
            VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033

    3       DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
            OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS
            BHAVAN, THIRUVANANTHAPURAM., PIN - 695033

    4       PRINCIPAL
            MAR THOMA COLLEGE, CHUNGATHARA, MALAPPURAM DISTRICT.,
            PIN - 679334
                                  2
WP(C) NO. 3630 OF 2023




    5     MANAGER
          MAR THOMA COLLEGE, CHUNGATHARA, MALAPPURAM DISTRICT.,
          PIN - 679334

    6     UNIVERSITY OF CALICUT
          REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.
          MALAPPURAM DISTRICT., PIN - 673635

    7     STATE NODAL OFFICER
          NATIONAL PENSION SYSTEM, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001


OTHER PRESENT:

          SHRI. P.C. SASIDHARAN, SC, CALICUT UTY.

          SHRI. SUNIL KUMAR KURIAKOSE, GP.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      3
WP(C) NO. 3630 OF 2023




                          Sathish Ninan, J.
                   ==============================
                      W.P.(C).No.3630 of 2023
                     ==========================
              Dated this the 3rd day of February, 2023

                                 JUDGMENT

Petitioners were appointed as Assistant Professors in the

5th respondent college in the year 2013. Petitioners claim to

be entitled to be included in the statutory pension scheme

under KSR Part III since their selection process culminated

before 01/04/2013. Seeking such inclusion, petitioners have

submitted Exts.P8 to P10 representations before the 1 st

respondent which are pending consideration. Petitioners seek

for an expeditious consideration of the same.

2. The learned Government Pleader submits that the issue

is already covered by the judgments of this Court in W.P.

(C).No.3577/2021 and O.A.(EKM).No.1326/2022 and has been

answered against the petitioners.

3. Be that as it may, it would be open for both the

parties to place their contentions before the 1 st respondent

while representations are being considered.

WP(C) NO. 3630 OF 2023

Accordingly, without expressing anything on merits, the

writ petition is disposed of directing the 1 st respondent to

consider and pass appropriate orders on Exts.P8 to P10

representations, with due notice to all concerned, after

affording an opportunity of hearing. Let orders be passed

within a period of three months from the date of receipt of a

copy of this judgment.

Sd/-

Sathish Ninan, Judge rsr

WP(C) NO. 3630 OF 2023

APPENDIX OF WP(C) 3630/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE GO(MS) NO. 260/2010/HEDN DATED 20-08-2010

Exhibit P2 A TRUE PHOTOCOPY OF THE ADVERTISEMENT DATED 25-04-2012 WHICH APPEARED IN THE KOZHIKODE EDITION OF INDIAN EXPRESS

Exhibit P3 A TRUE PHOTOCOPY OF THE GOVERNMENT LETTER NO.

38957/D2/12/HEDN DATED 08-01-2013 ADDRESSED TO THE SECOND RESPONDENT WITH COPY TO THE FIFTH RESPONDENT

Exhibit P4 A TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING WITH RANK LIST DATED 26-02-2013 IN RESPECT OF ASSISTANT PROFESSOR (ARABIC) ISSUED BY THE SELECTION COMMITTEE

Exhibit P4(a) A TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING WITH RANK LIST DATED 27-02-2013 IN RESPECT OF ASSISTANT PROFESSOR (COMMERCE) ISSUED BY THE SELECTION COMMITTEE

Exhibit P5 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 29-05-2013 IN RESPECT OF THE FIRST PETITIONER

Exhibit P5(a) A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 19-06-2013 IN RESPECT OF THE SECOND PETITIONER

Exhibit P5(b) A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 13-09-2013 IN RESPECT OF THE THIRD PETITIONER

Exhibit P6 A TRUE PHOTOCOPY OF THE JUDGMENT OF THE DIVISION BENCH OF THE HON'BLE HIGH COURT OF DELHI IN W.P.(C) NO. 2810/2016

WP(C) NO. 3630 OF 2023

Exhibit P6(a) A TRUE PHOTOCOPY OF THE ORDER IN SLP (CIVIL) DAIRY NO. 39335/2017 DATED 08-01-2018 OF THE HON'BLE SUPREME COURT

Exhibit P7 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM NO.

57/04/2019 - P&PW(B) DATED 17-02-2020 OF GOVERNMENT OF INDIA DEPARTMENT OF PENSION AND PW

Exhibit P8 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27-01-2023 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT

Exhibit P9 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27-01-2023 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT

Exhibit P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27-01-2023 SUBMITTED BY THE THIRD PETITIONER BEFORE THE FIRST RESPONDENT