Kerala High Court
The Director vs Anithakumari. S on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 168 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.24819/2018 DATED 28.11.2022
REVIEW PETITIONER:
THE DIRECTOR, AGED 49 YEARS, LBS CENTRE FOR
SCIENCE & TECHNOLOGY, EXTRA POLICE ROAD,
NADAVANAM, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 P.P. SHIJU, S/O PADMANABHAN, PUTHENPURAYIL HOUSE,
PUTHUKAD, THATTAMPADI, NORTH PARAVUR, ERNAKULAM
DISTRICT, NOW RESIDING AT 'SREEVALSAM', SANRA A-38,
SANKARAN NAIR ROAD, PERUKAVUP.O, THIRUVANANTHAPURAM,
PIN - 695573
2 THE DIRECTOR OF TECHNICAL EDUCATION, PADMAVILASAM
STREET, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023
3 THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS
SRI.P.S.APPU - GP (R2 & R3)
SRI.BIJIMON C.CHERIAN, FOR R1
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.176/2024, 177/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 176 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.21596/2018 DATED 28.11.2022
REVIEW PETITIONERS:
1 THE DIRECTOR, AGED 49 YEARS, LBS CENTRE FOR
SCIENCE & TECHNOLOGY NANDAVANAM, PALAYAM
THIRUVANANTHAPURAM, PIN - 695033
2 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING,
KASARAGOD, PIN - 671121
3 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING &
TECHNOLOGY, POOJAPPURA, TRIVANDRUM, PIN - 695012
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 MARY REENA, AGED 50 YEARS, W/O. VINODU GEORGE,
PANTHAPALLIL, SHIRIBAGILE P.O, PULIKKOOR,
KASARAGOD, PIN - 671124
2 RAJASREE RAGHAVAN, W/O. SANTHOSH KUMAR C,SANTHOSH
MANDIR, MANNAMPURAM,NILESWARAM, PIN - 671314
3 DR.PRAVEEN KUMAR K, S/O.B.RATNAKARAN NAIR (LATE)
ALACJUZHI HOUSE,P.O BARE, UDMA, KASARAGOD, PIN -
671319
4 SMITHAMOL M.B., W/O. PRAVEEN KUMAR V,RAGHAVAM
HOUSE, AMBANAD, MURIYAVERI P.O, ANCHARAKKANDI,
KANNUR, PIN - 670612
5 VISALAKSHI V, W/O. CHANDRAMOHAN, KEERTHANAM PPV,
334B, ERAVIP, PILICODE P.O, KASARAGOD,
PIN - 671310
RP 168/24 & connected cases
3
6 JAYAMOHAN JAYARAJ, TC 11/1085,WATTS LANE,
CHARACHITHRU, NANDENCODE,THIRUVANANTHAPURAM,
PIN - 695011
7 SUMASEKHAR, W/O.SATHEESH KUMAR, TC 3/1293,PKD ROAD,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
8 SAJAN K JOSE, S/O.JOSEPH, KORATTIYIL HOUSE,
KANNANKARA P.O,THANNER MUKKAM, ALAPPUZHA,
PIN - 688527
9 SMITHA E.S., W/O.BALARAJ P.R, ENGOOR HOUSE,
VALAPPAD P.O, THRISSUR, PIN - 680567
10 JAYALEKSHMI S, W/O. SHIBU J, MUKALUVILA -
SOUPARNIKA, KUZHIMATHICADU P.O, KUNDARA,
KOLLAM, PIN - 691509
11 THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS
SRI.V.N.RAMESAN NAMBIAR - R1 TO R10
SRI.P.S.APPU - GP - R11
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.168/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 177 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.1577/2019 DATED 28.11.2022
REVIEW PETITIONERS:
1 THE DIRECTOR, AGED 49 YEARS, LBS CENTRE FOR
SCIENCE & TECHNOLOGY NANDAVANAM, PALAYAM
THIRUVANANTHAPURAM, PIN - 695033
2 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING,
KASARAGODE, PIN - 671121
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 ANVER S.R, ASSOCIATE PROFESSOR, CSE DEPARTMENT,
LBS INSTITUTE OF ENGINEERING AND TECHNOLOGY,
KASARGODE, PIN - 671121
2 DIRECTOR OF TECHNICAL EDUCATION, HIGHER EDUCATION
(G) DEPARTMENT, EAST FORT, TRIVANDRUM, PIN - 695001
3 THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA
TRIVANDRUM-695001, PIN - 695001
BY ADVS
SRI.S.KRISHNAMOORTHY - R1
SRI.P.S.APPU - GP, R2 AND R3
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.168/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 178 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.23131/2018 DATED 28.11.2022
REVIEW PETITIONERS:
1 THE DIRECTOR, LBS CENTRE FOR SCIENCE & TECHNOLOGY
NANDAVANAM, PALAYAM THIRUVANANTHAPURAM,
PIN - 695033
2 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING,
KASARGODE, PIN - 671121
3 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING &
TECHNOLOGY, POOJAPPURA, TRIVANDRUM, PIN - 695012
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 MANOJKUMAR.G, ASSOCIATE PROFESSOR, CSE DEPARTMENT,
LBS INSTITUTE OF ENGINEERING & TECHNOLOGY,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695001
2 SMT. SHEEBA K, ASSOCIATE PROFESSOR, ECE DEPARTMENT,
LBS COLLEGE OF ENGINEERING, MULIYUR P.O., KASARGODE,
PIN - 671542
3 SMT. SREELATHA S, ASSOCIATE PROFESSOR, CSL
DEPARTMENT, LBS COLLEGE OF ENGINEERING & TECHNOLOGY,
POOJAPPURA, TRIVANDRUM., PIN - 695001
4 DR. ABDUL RAHMAN, PROFESSOR, CSE DEPARTMENT, LBS
INSTITUTE OF ENGINEERING & TECHNOLOGY, POOJAPPURA,
TRIVANDRUM, PIN - 695001
5 DIRECTOR OF TECHNICAL EDUCATION, HIGHER EDUCATION
(G) DEPARTMENT, EAST FORT, TRIVANDRUM, PIN - 695001
RP 168/24 & connected cases
6
6 THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA
TRIVANDRUM, PIN - 695001
BY ADVS.
SRI.S.KRISHNAMOORTHY - R1 TO R4
SRI.P.S.APPU - R5 AND R6
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.168/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 179 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.9148/2019 DATED 28.11.2022
REVIEW PETITIONERS:
1 THE DIRECTOR, AGED 49 YEARS, LBS CENTRE FOR
SCIENCE & TECHNOLOGY NANDAVANAM, PALAYAM
THIRUVANANTHAPURAM, PIN - 695033
2 THE PRINCIPAL, LBS COLLEGE OF ENGINEERING,
KASARGODE, PIN - 671121
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 DR.VINODU GEORGE, S/O.P.J.GEORGE, PANTHAPALLIL
HOUSE, PULIKKOOR, SHIRIBAGILE P.O., KASARAGODE
(PRESENTLY WORKING AS PROFESSOR, DEPARTMENT OF
COMPUTER SCIENCE, LBS ENGINEERING COLLEGE,
KASARAGODE), PIN - 671124
2 THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SRI.V.N.RAMESAN NAMBIAR - R1
SRI.P.S.APPU - R2
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.168/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RP NO. 180 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.1970/2019 DATED 28.11.2022
REVIEW PETITIONERS:
1 THE DIRECTOR, AGED 49 YEARS, LBS CENTRE FOR
SCIENCE & TECHNOLOGY NANDAVANAM, PALAYAM
THIRUVANANTHAPURAM, PIN - 695033
2 LBS INSTITUTE OF TECHNOLOGY FOR WOMEN
POOJAPPURA, THIRUVANANTHAPURAM-REPRESENTED BY
ITS PRINCIPAL, PIN - 695001
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENTS:
1 ANITHAKUMARI. S., ASSOCIATE PROFESSOR, COMPUTER
SCIENCE AND ENGINEERING, LBS INSTITUTE OF
TECHNOLOGY FOR WOMEN, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SMITHA.S.PILLAI - R1
N.NANDAKUMARA MENON (SR.)(N-24)
ALICE THOMAS(K/001661/2000)
P.K.MANOJKUMAR(K/000751/1999)
SRI.P.S.APPU - R2
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH RP.168/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 168/24 & connected cases
9
O R D E R
[RP Nos.168/2024, 176/2024, 177/2024, 178/2024, 179/2024,
180/2024]
These petitions have been filed by the 'LBS Centre for Science
and Technology', seeking review of the judgment of this Court dated
28.11.2022, asserting that Ext.P9 Government Order operates on a
different field than what has been projected in the Writ Petitions.
2. Smt.Shameena Salahudheen - learned counsel for the
review petitioner, argued that Ext.P9 deals with the arrears of the 6 th
Pay Revision; while, what has been projected in the Writ Petitions is
placement of Associate Professors and their consequent fixation of
pay. She argued that these two cannot be mixed together; and thus
prayed that the directions in the judgment be modified to that
extent.
3. Sri.N.Nandakumara Menon, learned Senior Counsel,
instructed by Smt.Smitha S. Pillai; along with Sri.Bijimon C. Cherian;
Sri.V.N.Ramesan Nambiar and Sri.S.Krishnamoorthy - learned
counsel appearing for the party respondents in these cases, argued
that the afore submissions of Smt.Shameena Salahudheen are not
RP 168/24 & connected cases
correct because, as has been recorded by this Court in paragraph 9
of the judgment, when the Government directed the 'LBS Centre' to
offer payment of arrears to the writ petitioners and others,
consequent to the Pay Revision, with effect from 01.04.2011, they
could not have initiated action for recovery from them, without
having acceded to the same. The learned Senior Counsel submitted
that, therefore, these two issues are inter-related to each other,
though perhaps operating in two different plains; but, that this is no
reason for the 'LBS Centre' to have approached this Court seeking a
review.
4. I must say that the afore submissions of the learned
Senior Counsel are certainly on terra firma because, the question as
to the placement of the writ petitioners in the Pay Scale as Associate
Professors and the consequent recovery, if any, would certainly be
connected to the payment of arrears of Pay Revision that was
granted to them by the Government with effect from 01.04.2011.
One, therefore, fails to understand why the 'LBS Centre' should have
approached this Court, seeking that they be allowed to act de hors
Ext.P9; because, it was the lifeline of the writ petitioners'
RP 168/24 & connected cases
contentions that, without adverting to Ext.P9, no recovery could
have been ordered, whatever be the justification the 'LBS Centre'
may offer.
5. In such perspective, I find force in the submissions of
Sri.N.Nandakumara Menon that, the 'LBS Centre' would be at liberty
to consider the grievance of the writ petitioners with respect to their
placement as Associate Professors; but any recovery, if at all found
necessary, can happen only after the directions in Ext.P9 are
complied with.
6. In such view, I cannot find any reason to interfere with
the judgment, or review it, because this is all that has been ordered
therein.
These Review Petitions are, therefore, closed.
Needless to say, the time frame in the judgment for compliance
of the directions therein will stand extended for a further period of
two months from the date of receipt of a copy of this order.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION NO PAG
AUDIT 1/AMG II (HQ)IV/EAP/8-3773/2017-
18/372 DATED 21.02.2023 ISSUED BY THE
DEPUTY ACCOUNTANT GENERAL
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION NO PAG
AUDIT 1/AMG II (HQ)IV/EAP/8-3773/2017-
18/372 DATED 21.02.2023 ISSUED BY THE
DEPUTY ACCOUNTANT GENERAL
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION NO PAG
AUDIT 1/AMG II (HQ)IV/EAP/8-3773/2017-
18/372 DATED 21.02.2023 ISSUED BY THE
DEPUTY ACCOUNTANT GENERAL
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION NO PAG
AUDIT 1/AMG II (HQ)IV/EAP/8-3773/2017-
18/372 DATED 21.02.2023 ISSUED BY THE
DEPUTY ACCOUNTANT GENERAL
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION NO PAG
AUDIT 1/AMG II (HQ)IV/EAP/8-3773/2017-
18/372 DATED 21.02.2023 ISSUED BY THE
DEPUTY ACCOUNTANT GENERAL
RP 168/24 & connected cases
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE AUDIT ENQUIRY NO.20
ISSUED BY THE ACCOUNTANT GENERAL
Annexure II A TRUE COPY OF THE COMMUNICATION NO.
B7/3863/2018 DATED 7.1.2023
Annexure III A TRUE COPY OF THE COMMUNICATION DATED
21.02.2023 ISSUED BY THE DEPUTY ACCOUNTANT
GENERAL
