Prashant Joseph vs The Kerala Agricultural ...
2023 Latest Caselaw 729 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                       WP(C) NO. 24314 OF 2018


PETITIONER:

          PRASHANT JOSEPH, AGED 40 YEARS, S/O.LATE JOSEPH,
          ASSISTANT SECTION OFFICER, KELAPPAJI COLLEGE OF
          AGRICULTURAL ENGINEERING & TECHNOLOGY, TAVANUR.P.O.,
          MALAPPURAM DISTRICT, PIN -679 573, RESIDING AT
          THANNICKAL HOUSE, PALAVAYAL.P.O., CHERUPUZHA VIA,
          KASARAGOD -670 511.

          BY ADVS.
          SRI.ELVIN PETER P.J.
          SRI.K.R.GANESH


RESPONDENTS:

    1     THE KERALA AGRICULTURAL UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS,
          K.A.U. (P.O.), VELLANIKKA, THRISSUR -680 656.

    2     THE REGISTRAR, KERALA AGRICULTURAL UNIVERISTY,
          MAIN CAMPUS, K.A.U. (P.O.), VELLANIKKA,
          THRISSUR -680 656.

          BY ADV
          SRI.M.V.ANANDAN - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 24314/18
                                    2




                           JUDGMENT

When this matter was called today, the learned Standing

Counsel for the University - Sri.M.V.Anandan, conceded that all

proceedings against the petitioner has now been dropped or

terminated and that there is no legal impediment in the way of

him being granted promotion. He added that the petitioner's file

will be placed before the Vice-Chancellor of the University for

appropriate action and that his claim for promotion - with effect

from the date on which his junior, Smt.Prathibha G.L. was given

the said benefit - will also be considered and all consequential and

eligible benefits granted as per his entitlement. He, however,

prayed that this Court may not make any affirmative declarations

in favour of the petitioner and leave it to the University to take a

decision on all the afore, including the benefits to be granted to

him.

2. Smt.Gouri Balagopal - learned counsel for the

petitioner, submitted that since her client has now been exonerated WPC 24314/18

from all charges and since there are no reasons to deny him

promotion, same ought to be given to him with effect from

01.06.2018, when the aforementioned Smt.Prathibha was granted

promotion. She argued that her client is also entitled to all

consequential monetary and seniority benefits.

3. When I consider the afore submissions, it is without

doubt that this is a matter which will have to be decided by the

Vice Chancellor of the University or such other appropriate

Authority at the first instance. Since, prima facie, there appears to

be nothing against the petitioner to be denied promotion, the

question whether he ought to have been given the same

retrospectively from the date when Smt.Prathibha was given the

said benefits, is also to be considered and decided.

Resultantly, I order this Writ Petition and direct the

competent Authority of the University to hear the petitioner and

take a decision on his promotion, adverting to my afore

observations; thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this WPC 24314/18

judgment.

Sd/-

RR                 DEVAN RAMACHANDRAN
                         JUDGE
 WPC 24314/18


                APPENDIX OF WP(C) 24314/2018

PETITIONER EXHIBITS
EXHIBIT P1-         TRUE COPY OF ORDER NO.GA/A2/940/08 DATED

17/04/2012 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2- TRUE COPY OF ORDER NO.GA/A3/8624/18 DATED 11/07/2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3- TRUE COPY OF THE ORDER NO.GA/A3/8119/18 DATED 23/06/2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4- TRUE COPY OF THE MEMO OF CHARGES DATED 24/05/2015 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF THE ORDER DATED 10/08/2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6- TRUE COPY OF THE ORDER DATED 07/10/2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7- TRUE COPY OF THE ORDER DATED 18/12/2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8- TRUE COPY OF THE ORDER DATED 25/10/2016 IN W.P.(C) NO.8478/2016 OF THIS HONOURABLE COURT.

RESPONDENTS' EXTS:

EXT.R1A COPY OF ORDER DATED 04.03.2016 EXT.R1B COPY OF FIR DATED 13.04.2015 OF CHANDERA POLICE STATION.

EXT.R1C COPY OF MEMO OF CHARGES DATED 25.04.2015 ISSUED BY REGISTRAR EXT.R1D COPY OF LETTER DATED 26.03.2015 OF ASSOCIATE DIRECTOR OF RESEARCH, REGIONAL AGRICULUTRAL RESEARCH STATION PILICODE TO REGISTRAR.

EXT.R1E COPY OF MEMO DATED 26.02.2015 ISSUED BY ASSOCIATE DIRECTOR.

EXT.R1F COPY OF NOTE DATED 28.02.2015 ISSUED BY ASSOCIATE DIRECTOR OF RESEARCH, REGIONAL AGRICULTURAL RESEARCH STATION, PILICODE. EXT.R1G COPY OF MEMO DATED 02.03.2015 ISSUED BY ASSOCIATE DIRECTOR OF RESEARCH, REGIONAL AGRICULTURAL RESEARCH STATION, PILICODE. EXT.R1H COPY OF SUBMISSION DATED 16.02.2015 OF ADMINISTRATIVE OFFICER, REGIONAL AGRICULTURAL RESEARCH STATION, PILICODE.