Kerala High Court
Bina Jacob vs The Director Of Collegiate ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 18662 OF 2013
PETITIONER:
BINA JACOB
RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY,
HOUSE NO.100, GIRI NAGAR COLONY,
KADAVANTHRA P.O., KOCHI-682 020.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENTS:
1 THE DIRECTOR OF COLLEGIATE EDUCATION
THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
VYASKARAKUNNU, KOTTAYAM-686 001.
3 THE PRINCIPAL
BASELIUS COLLEGE, KOTTAYAM-686 001.
BY ADVS.K.M.FAISAL, GOVERNMENT PLEADER
SRI.KANDAMPULLY RAHUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.18662/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.18662 of 2013
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Dated this the 17th day of January, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or any other appropriate
writ or direction calling for the records resulting
in Exhibit P7, P8 and P12 letters issued by the 2 nd
respondent and Exhibit P6 and P11 letters issued
by the 3rd respondent, scrutinize and quash the
same.
ii. Declare that Exhibit P5 sanction given by the 2 nd
respondent granting one advance increment to
the petitioner as per paragraph 10.8 of Exhibit P2
Government Order is proper and valid.
iii. Issue a writ of mandamus or any other
appropriate writ or direction to the 3 rd respondent
to submit the last pay bill of May 2013 of the
petitioner to the 2nd respondent and direct the
respondents 2 and 3 to issue Last Pay Certificate
and No Liability Certificate to the petitioner in
accordance with Exhibit P5 fixation of pay.
iv. Issue a writ of mandamus or any other
appropriate writ or direction to the respondents
to pay forthwith to the petitioner the amount in
WP(C).No.18662/2013
arrears due to the increment sanctioned for the
period from 1.9.2008 to 31.7.2012 as per Exhibit
P5 fixation of pay.
v. Issue a writ of mandamus or any other
appropriate writ or direction to the respondents
to pay forthwith to the petitioner the arrears of
dearness allowance from 1.7.2012 onwards.
vi. Pass such other orders, interlocutory or
otherwise, which are deemed fit and proper in the
interest of justice.
vii. Allow this writ petition with costs.
(SIC)
2. When this writ petition came up for consideration
on 23.07.2014, this Court passed the following order:
"During the course of hearing, it is brought to the
notice of this Court by the learned counsel appearing
for the 3rd respondent that, the petitioner was granted
the benefit of M.Phil advance increment by the
Deputy Director of Collegiate Education as borne by
Ext.P5, which was in conformity with clause 10.8 of
Ext.P2 UGC scheme for having acquired the higher
qualification during the tenure as a teacher under the
3rd respondent. But, subsequently the same was
withdrawn by the Deputy Director as per Ext.P7
pursuant which, the amount drawn by the petitioner
allegedly in excess was satisfied by him. It is stated
that the petitioner retired from the service on
WP(C).No.18662/2013
31.05.2013 and the writ petition is against the course
and proceedings as mentioned above.
2. It is brought to the notice of this Court
that, after filing the writ petition the Government has
issued some circular/orders whereby the benefit
stated as withdrawn has been ordered to be re-stored
in the case of the persons like the petitioner.
3. The learned counsel for the petitioner as
well as the learned Government Pleader seeks for
time to ascertain further particulars. Considering the
request of the learned counsel for the petitioner to
cause the writ petition to be amended in appropriate
terms, it is adjourned accordingly."
3. Thereafter the writ petition was posted on
31.03.2021 and 22.12.2022. The counsel for the petitioner
submitted that he want to get instructions. Even now there is
no instruction to the counsel. In such circumstances, this writ
petition need not retain indefinitely. If there is any surviving
grievance to the petitioner, the same is left open.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.18662/2013
APPENDIX OF WP(C) 18662/2013
PETITIONER EXHIBITS
P1 : COPY OF THE M.PHIL DEGREE
CERTIFICATE ISSUED TO THE PETITIONER
BY MAHATMA GANDHI UNIVERSITY
DTD.30.9.2002.
P2 : COPY OF GO(P)NO.58/2010/H.EDN.
DTD.27.3.2010.
P3 : COPY OF CERTIFICATE NO.AC
AV/2/OC/2012 ISSUED BY MAHATMA GANDHI
UNIVERSITY DTD.16.6.2012.
P4 : COPY OF LETTER ISSUED BY THE 3RD
RESPONDENT TO THE 2ND RESPONDENT
DTD.5.3.2012.
P5 : COPY OF THE STATEMENT OF FIXATION
OF PAY DUE TO THE INCENTIVE FOR M.PHIL
SANCTIONED BY THE 2ND RESPONDENT ON
10.7.2012.
P6 : COPY OF LETTER NO.UGC/PR/224/2013
ISSUED BY THE 3RD RESPONDENT
DTD.1.6.2013.
P7 : COPY OF LETTER NO.C2-8828/2012
ISSUED BY THE 2ND RESPONDENT
DTD.4.4.2013.
P8 : COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT
DTD.6.6.2013.
P9 : COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT
DTD.6.6.2013.
P10: COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE 2ND RESPONDENT
DTD.6.6.2013.
P11: COPY OF LETTER NO.UGC/PR/368/2013
ISSUED BY THE 3RD RESPONDENT
DTD.20.6.2013.
P12: COPY OF LETTER NO.C2/8828/13
ISSUED BY THE 2ND RESPONDENT
DTD.25.6.2013.
WP(C).No.18662/2013
P13: COPY OF THE INTIMATION SLIP OF
PENSIONARY BENEFITS ISSUED BY THE
ACCOUNTANT GENERAL AS REGARDS THE
PETITIONER.
P13(A): COPY OF PENSION PAYMENT ORDER
NO.111357236 ISSUED BY THE ACCOUNTANT
GENERAL DTD.18.6.2013.
P13(B): COPY OF THE GRATUITY PAYMENT
ORDER NO.121357236 ISSUED BY THE
ACCOUNTANT GENERAL DTD.18.6.2013.
P13(C): COPY OF THE PENSION PAYMENT
ORDER NO.131357236 ISSUED BY THE
ACCOUNTANT GENERAL DTD.18.6.2013.
