Dr.Synudeen Sahib S vs University Of Kerala
2023 Latest Caselaw 3349 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                                WP(C) NO. 4909 OF 2023
PETITIONER:

              DR.SYNUDEEN SAHIB S
              ASSISTANT PROFESSOR, DEPARTMENT OF ZOOLOGY, UNIVERSITY OF
              KERALA, KARIAVATTOM P.O., THIRUVANANTHAPURAM, PIN - 695034

              BY ADVS.
              S.P.ARAVINDAKSHAN PILLAY
              N.SANTHA
              V.VARGHESE
              PETER JOSE CHRISTO
              S.A.ANAND
              K.N.REMYA
              L.ANNAPOORNA
              VISHNU V.K.
              ABHIRAMI K. UDAY



RESPONDENTS:

     1        UNIVERSITY OF KERALA
              THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR

     2        VICE CHANCELLOR
              UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, PIN - 695034

     3        THE REGISTRAR
              UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, PIN - 695034



OTHER PRESENT:

              SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA




     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                         SATHISH NINAN, J.
               = = = = = = = = = = = = = = = = = =
                     W.P.(C) No.4909 of 2023
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              Dated this the 24th day of March, 2023

                              J U D G M E N T

The petitioner joined as a Lecturer in the SN

College, Kollam on 12.06.1998. In the year 2010, the

post was re-designated as "Assistant Professor". In the

year 2010, he was given placement as "Associate

Professor" with effect from 12.06.2010, under the Career

Advancement Scheme of the UGC. He retired on 31.03.2019

on attaining 56 years of age.

2. In the meantime, on 17.07.2008, the first

respondent University had issued Ext.P1 notification

inviting applications for appointment of Lecturer in the

teaching department of the University. The petitioner

had applied for the same and had secured Rank No.2 under

the Muslim quota. Since the 1 st rank holder did not

join, the petitioner was entitled for appointment.

However, without appointing the petitioner, the W.P.(C) No.4909 of 2023

University decided to re-notify the said post. Aggrieved

by the said action, the petitioner approached this Court

in W.P.(C) No.17607/2012. As per Ext.P2 judgment dated

07.03.2014, the University was directed to appoint the

petitioner within a period of two months i.e., on or

before 06.05.2014. The University challenged the

judgment in appeal, but was unsuccessful. Ext.P3 is the

judgment. The University carried the matter before the

Apex Court. However, as per Ext.P4 dated 21.02.2019,

Civil Appeal was dismissed.

3. On 16.04.2019, as per Ext.P5, the petitioner was

appointed as Lecturer/Assistant Professor in the

University. In the meantime, as noticed supra, the

petitioner had retired from the SN College on

31.03.2019. The retirement age of the teachers in

University is 60 years. The petitioner submitted Ext.P6

representation before the University pointing out that,

if the directions in W.P.(C) No.17607/2012 were complied W.P.(C) No.4909 of 2023

with by the University, the petitioner would have

secured promotion as Professor; he accordingly sought

for the said benefit. He also sought for reckoning of

his previous service at the SN College and also to

protect his last drawn salary at the SN College.

4. As per Ext.P10, the University declined the

prayer. The contents of the letter reads thus:-

"Adverting to the above, I am to inform that your prior

service cannot be reckoned for any purposes other than

protection of pay."

5. Challenging Ext.P10 order, the petitioner

approached this Court in W.P.(C) No.23396/2022. As per

Ext.P12 judgment, this Court directed the University to

reconsider the petitioner's claim for modification of

the date of appointment as 06.05.2014 that is, as per

Ext.P2 judgment as affirmed by the Apex Court, dehors

Ext.P10 order.

6. Pursuant thereto, the petitioner submitted W.P.(C) No.4909 of 2023

Ext.P13 representation confining his relief to

protection of his last designation as "Associate

Professor" and that he is not insisting for the other

benefits. However, the Syndicate as per Ext.P14 rejected

the request. It is challenging the same that the

petitioner has approached this Court.

7. Heard learned counsel for the petitioners and

the learned counsel for the University.

8. This Court, as per Ext.P2 judgment in W.P(C)

No.17607/2012, had directed the petitioner to be

appointed as Lecturer/Assistant Professor in the

University not later than 06.05.2014. The University,

after a couple years of litigation and having failed

even before the Apex Court, finally appointed the

petitioner as a Lecturer/Assistant Professor on

16.04.2019. It is not in dispute that if the petitioner

was appointed as was ordered in Ext.P2 judgment, he

would have achieved the post of "Professor" with all W.P.(C) No.4909 of 2023

service benefits. As per Ext.P13, the petitioner

voluntarily confined his claim to retaining of the last

designation of "Associate Professor" and he did not want

to burden the University with other claims. However, the

syndicate as per Ext.P15 has rejected his request

stating that, the request is contradictory to the one

made before this Court in the earlier round of

litigation.

9. The University was in error in assuming that the

claim put forward is different. The claim of the

petitioner is based on the very entitlement under Ext.P2

judgment as was affirmed by the Apex Court. As per

Ext.P2, this Court directed the petitioner to be

appointed not later than 06.05.2014. The challenge

against the same having failed, the University is bound

to comply with the directions. The appointment of the

petitioner ought to be reckoned with effect from

06.05.2014. However, the petitioner chose to confine his W.P.(C) No.4909 of 2023

claim only to the retention of his designation as

Associate Professor. The University was not correct in

its assumption that the petitioner is raising a

different claim. It was only much lesser claim than what

the petitioner was entitled for. The University was not

right in having rejected the petitioner's request.

10. Learned Standing Counsel for the University

points out that, Ext.P13 representation was submitted

after conducting of the hearing by the University which

might have led to the rejection of the prayer.

11. It would be sufficient if the University

reconsiders the petitioner's request and passes

appropriate orders in the light of the foregoing

discussions, expeditiously.

Resultantly, Exts.P14 and P15 orders are quashed.

The University shall pass fresh orders on Ext.P13

representation considering the larger entitlement of the

petitioner. Let orders be passed within a period of two W.P.(C) No.4909 of 2023

months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 4909/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.AD.H.1818/ 2008 DATED 17.07.2008 OF THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 07.03.2014 IN W.P.(C)NO.17607/2012 OF THIS HON'BLE COURT

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 20.10.2015 IN W.A.NO.597/2014 OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 21.02.2019 IN CIVIL APPEAL NO.2645/2016 OF THE HON'BLE SUPREME COURT.

Exhibit P5             TRUE       COPY       OF       THE      ORDER
                       NO.AD.H/1818/2008/ZOOLOGY/2019          DATED
                       16.04.2019 OF THE RESPONDENTS.

Exhibit P6             TRUE   COPY  OF   THE  REPRESENTATION   DATED

16.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 02.07.2021.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 27.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 06.04.2022 IN W.P.(C)NO.7828/2022 OF THIS HON'BLE COURT.

Exhibit P10 TRUE COPY OF THE LETTER NO.ADD1.3/ZOOL/2022 DATED 13.04.2022 OF THE 2ND RESPONDENT

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 01.06.2022 IN W.P.(C)NO.15973/2022 OF THIS HON'BLE COURT.

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 28.09.2022 IN W.P.(C)NO.23396/2022 OF THIS HON'BLE COURT. APPENDIX-WP(C) 4909/2023

Exhibit P13 TRUE COPY OF THE REQUEST DATED 30.11.2022 TO THE 2ND RESPONDENT.

Exhibit P14 TRUE COPY OF THE LETTER NO.ADD1.3/ZOOL/2022 DATED 06.01.2023 OF THE 2ND RESPONDENT.

Exhibit P15 TRUE COPY OF THE MINUTES OF THE 5TH MEETING OF THE SYNDICATE OF THE UNIVERSITY OF KERALA HELD ON 29.12.2022

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