Shoyab K.A vs Mahathma Ganhi University
2023 Latest Caselaw 853 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 26319 OF 2017


PETITIONER:

          SHOYAB K.A., AGED 47 YEARS, S/O. K.I.ALI,
          SENIOR GRADE ASSISTANT,MAHATMA GANDHI
          UNIVERSITY,PRIYADARSINI HILLS PO.,ATHIRAMPUZHA,
          KOTTAYAM PIN-686862, RESIDING AT GAZAL,
          LAKSHMI NAGAR,KAVILPAD, PALAKKAD PIN-678012

          BY ADV SRI.ELVIN PETER P.J.


RESPONDENTS:

    1     MAHATHMA GANHI UNIVERSITY
          REPRESENTED BY ITS REGISTRAR,
          PRIYADARSINI HILLS, PO.,ATHIRAMPUZHA,
          KOTTAYAM PIN-686862

    2     THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY
          PRIYADARSINI HILLS, PO.,ATHIRAMPUZHA,
          KOTTAYAM, PIN-686862

          BY ADV
          SRI.ASOK M. CHERIAN, SC
          SRI.SURIN GEORGE IPE -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26319/17
                                      2



                           JUDGMENT

The petitioner projects a very innocuous prayer, that his

salary and pay-scale be equated, through the process of stepping

up, with that of certain Smt.Soji Susan Kurian, whom, he asserts,

is junior to him.

2. However, Sri.Surin George Ipe - learned Standing

Counsel for the Mahatma Gandhi University (M.G.University),

submitted that what the petitioner seeks is impossible to be

granted because, the aforementioned Smt.Soji Susan Kurian was

originally promoted along with him on 20.02.2010; but that she

then approached the Honourable Supreme Court and obtained

Ext.P2 order, through which, her date of promotion was revised

as 13.09.2005. He pointed out that, since the petitioner did not

obtain any such order and since the Honourable Supreme Court

had made it clear that the directions therein are applicable only

to the appellants therein and no one else, his request cannot be

now acceded to.

3. Sri.Surin George Ipe further argued that if the WPC 26319/17

petitioner's request is now granted, it would have the effect of

virtually granting his promotion with effect from 13.09.2005

because, as evident from Ext.P7, the aforementioned Smt.Soji

Susan Kurian was ordered to be given only notional benefits from

that date, but without disturbing seniority. He explained that,

thus the petitioner continued to be senior to Smt.Soji Susan

Kurian for this reason because, otherwise, when she was given

promotion from a retrospective date, based on the orders of the

Honourable Supreme Court, she would have been entitled to

seniority also. He thus prayed that this Writ Petition be dismissed.

4. In reply, Sri.Ganesh K.R. - learned counsel for the

petitioner, argued that when one reads Ext.P7, it applies to only

those persons who were promoted as Assistant-Grade II, but

without having acquired graduation. He pointed out that, his

client is a Graduate and therefore, that the restrictive caveat in

Ext.P7, namely that no other person would be entitled to the

benefits ordered therein, would not apply to him. He thus prayed

that the reliefs sought for in this Writ Petition be granted.

5. When one carefully analyses the rival submissions from WPC 26319/17

the touchstone of the materials on record, particularly Ext.P7

order, the petitioner has couched his reliefs in such a manner that

he wants his promotion also to take effect from 13.09.2005. I say

as afore because, when the petitioner seeks that his pay and

emoluments be stepped up with that of Smt.Soji Susan Kurian, it

means that he should also be elevated to the position that she

was consequent to Ext.P7, particularly when the said order made

it clear that she would be entitled only to emoluments and not

seniority.

6. As rightly argued by Sri.Surin George Ipe, it is solely

on account of this promotion that Smt.Soji Susan Kurian must

have obtained additional increments from 2005 to 2010, thus

drawing a higher pay scale or salary than the petitioner.

Obviously, therefore, the petitioner will have to seek promotion

with effect from the date on which Smt.Soji Susan Kurian was

granted it; and the question whether this will be possible in view

of Ext.P7 has to be decided and answered by the M.G.University

appropriately. I do not think it is prudent for this Court to enter

into this area at this point, especially when the petitioner has WPC 26319/17

sought for no such relief.

Resultantly, I order this Writ Petition, leaving liberty to the

petitioner to seek promotion from 13.09.2005, being the date on

which Smt.Soji Susan Kurian was granted the same benefit; and if

this is done within a period of one month from the date of

receipt of a copy of this judgment, same shall be considered by

the competent Authority of the M.G.University, after affording him

an opportunity of being heard and after adverting to his

contentions relating to Ext.P7 order of the Honourable Supreme

Court; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but not later than

three months from the date on which said representation is

received.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 26319/17


                APPENDIX OF WP(C) 26319/2017

PETITIONER EXHIBITS
EXHIBIT P1:         TRUE COPY OF THE ORDER DATED 5.11.1996
                    ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2:         TRUE COPY OF THE ORDER DATED 6.5.1999
                    ISSUED BY THE M.G.UNIVERSITY
EXHIBIT P3:         TRUE COPY OF THE ORDER DATED 24.2.2010
                    ISSUED BY THE M.G.UNIVERSITY
EXHIBIT P4;         TRUE COPY OF ORDER DATED 20.4.2011
                    ISSUED BY M.G.UNIVERSITY
EXHIBIT P5:         TRUE COPY OF PROVISIONAL SENIORITY LIST
                    DATED 22.11.2004 OF LABORATORY

ASSISTANTS PUBLISHED BY M.G.UNIVERSITY EXHIBIT P6: TRUE COPY OF THE ORDER DATED 11.12.2007 ISSUED BY THE M.G.UNIVERSITY EXHIBIT P7: TRUE COPY OF ORDER DATED 25.8.2015 IN S.L.P.NO.33378/2009 OF THE HON'BLE SUPREME COURT OF INDIA EXHIBIT P8: TRUE COPY OF STATEMENT OF FIXATION OF PAY IN THE REVISED SCALES OF PAY 2014 ISSUED BY M.G.UNIVERSITY EXHIBIT P9: TRUE COPY OF ORDER DATED 5.1.2017ISSUED BY M.G.UNIVERSITY EXHIBIT P10 TRUE PHOTOCOPY OF THE ORDER DATED 21.12.2017 ISSUED BY THE UNIVERSITY TOGETHER WITH THE RELEVANT SENIORITY LIST.

EXHIBIT P11 TRUE PHOTOCOPY OF THE SALARY FIXATION ORDER OF THE PETITIONER DATED 30.10.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 TRUE PHOTOCOPY OF THE PAY FIXATION ORDER DATED 05.01.2017 OF SMT.SOJI SUSAN KURIAN.

RESPONDENTS' EXTS:

EXT.R2(A) TRUE COPY OF THE ORDER NO.AD.AI-1-

10/2001 DATED 13.09.2005.

EXT.R2(B) TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN WRIT APPEAL NO.884/2007, DATED 06.07.2009.

EXT.R2(C) TRUE COPY OF THE UNIVERSITY ORDER NO.2713/AI/1/2016/ADMN DATED 12.05.2016.