Divya V.R vs State Of Kerala
2024 Latest Caselaw 12678 Ker

Citation : 2024 Latest Caselaw 12678 Ker
Judgement Date : 21 May, 2024

Kerala High Court

Divya V.R vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                         WP(C) NO. 565 OF 2016
PETITIONER:


            DIVYA V.R
            AGED 35 YEARS
            ASSISTANT PROFESSOR, DEPARTMENT OF POLITICALSCIENCE,
            SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR,
            KOTTAYAM DISTRICT.

            BY ADV SRI.KALEESWARAM RAJ


RESPONDENTS:


    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF
            HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM - 695
            001.

    2       DIRECTOR OF COLLEGIATE EDUCATION
            THIRUVANANTHAPURAM - 695 001.

    3       DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
            KOTTAYAM - 686 001.

    4       MAHATMA GANDHI UNIVERSITY
            REPRESENTED BY THE REGISTRAR,MAHATMA GANDHI
            UNIVERSITY,PRIYADARSINI HILLS, KOTTAYAM - 686 560.

    5       N.S.S. COLLEGE CENTRAL COMMITTEE
            CHANGANASSERY REPRESENTED ITS SECRETARY,N.S.S. HEAD
            OFFICE, CHANGANASSERRY - 2.

    6       THE PRINCIPAL
            SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR,
            KOTTAYAM DISTRICT - 686 001.

            BY ADVS.
            GOVERNMENT PLEADER
            SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
            SRI.P.GOPAL
            SRI.B.MURALEEDHARAN
 W.P (C) No.565 of 2016


                                  2

             SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY



OTHER PRESENT:

             SRI.V.K.SUNIL, SR.GP, SRI.SURIN GEORGE IPE, SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P (C) No.565 of 2016


                                     3

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                   W.P (C) No.565 of 2016
            ---------------------------
              Dated this the 21st day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) to issue a writ of certiorari quashing Exts.P5 and P6 as unjust, illegal, arbitrary and unsustainable.

ii) to declare that appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics in the 6th respondent's college is entitled to be approved by the respondents 1 to 4.

iii) to issue a writ of mandamus directing the respondents 1 to 3 to pass orders approving the appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics and to disburse salary to the petitioner with arrears.

iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on

01.06.2016, this Court passed the following order:-

"The salary due to the petitioner shall be disbursed with effect from 1-6-2016 in as much as the University has already approved the appointment. The disbursement of arrears of salary would be dependent on the outcome of this writ petition."

3. Today when the matter taken up for consideration,

the counsel appearing for the petitioner submitted that the

petitioner received the entire arrears of salary and the writ

petition can be closed recording the above order.

Therefore, the writ petition is disposed of recording the

order dated 01.06.2016.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 565/2016

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 18.10.2013

EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS DATED 29.10.2014