Citation : 2024 Latest Caselaw 13117 Ker
Judgement Date : 23 May, 2024
WP(C) NO. 19127 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 19127 OF 2016
PETITIONER/S:
C.R. INDUKUMAR
LAB ASSISTANT (REVERTED), PAZHASSI RAJA N.S.S.
COLLEGE, MATTANNUR - 670 702.
BY ADV SRI.JOSHI N.THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, (HIGHER
EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695 001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, P.M.G.JUNCTION, THIRUVANANTHAPURAM -
695 003.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOZHIKODE - 673 001.
4 THE PRINCIPAL
PAZHASSI RAJA N.S.S. COLLEGE, MATTANNUR - 670 702.
5 N.S.S. COLLEGES CENTRAL COMMITTEE
N.S.S HEAD OFFICE, CHANGANASSERY - 686 102,
REPRESENTED BY ITS SECRETARY.
6 KANNUR UNIVERSITY
WP(C) NO. 19127 OF 2016 2
KANNUR UNIVERSITY CAMPUS.P.O., PIN - 670 567,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SR. GOVERNMENT PLEADER, SRI.V.K.SUNIL
SRI.P.GOPAL
SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
SRI.B.MURALEEDHARAN
SHRI.I.V.PRAMOD, SC, KANNUR UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19127 OF 2016 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 19127 of 2016
--------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. Issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Ext.P6 and P7 and quashing the same.
ii. Issue a writ of mandamus or any other appropriate writ or direction commanding the 3rd respondent to disburse salary to the petitioner as per the bill submitted by the 4th respondent before the 3rd respondent.
iii. Declare that the petitioner is entitled to get exemption from passing attenders test as stipulated by the 6 th respondent University vide Ext.P5.
iv. Issue such other appropriate writ, order or direction to the respondents which this Hon'ble Court deem fit and proper in the facts and circumstances of the case." [sic]
2. Today, when the matter came up for consideration,
respondent No.5 submitted that the point raised in this writ
petition is covered as per the judgment dated 01.08.2019 in
W.A. No. 1432/2018 and connected cases. If that is the case,
this writ petition need not be retained here.
This writ petition is disposed of in tune with the judgment
dated 01.08.2019 in W.A. No.1432/2018 and connected cases.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS
APPENDIX OF WP(C) 19127/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF PETITIONER NO E/3050/82 DTED 24-04-1982 ISSUED BY THE NSS COLLEGE, CENTRAL COMMITTEE
EXHIBIT P2 TRUE COPY OF THE MEMO NO G/1532/84 DATED 19-06-1984 ISSUED BY THE PRINCIPAL SVR N.S.S COLLEGE,
EXHIBIT P3 TRUE COPY OF THE PAY FIXATION STATEMENT NO G1/ESTT/NTS/385/2011 DATED 16-08-2011 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN RESPECT OF THE PETITIONER DATED 25- 07-2011
EXHIBIT P5 TRUE COPY OF THE LETTER NO KU/SP10/RTI/1571-1580(L) DATED 07-10-2013 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, 6TH RESPONDENT KANNUR UNIVERSITY
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04-04-2016 ISSUED BY THE 5TH R5ESPONDENT
EXHIBIT P7 TRUE COPY OF THE ORDER NO C-1-504/2016 DATED 18-05-2016 ISSUED BY THE 3RD RESPONDENT
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