Kerala High Court
Valsala Milk A.B vs State Of Kerala on 7 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WA NO. 139 OF 2022
AGAINST THE JUDGMENT DTD.14/12/2021 IN WP(C) 857/2019 OF THIS COURT
APPELLANT/PETITIONER:
VALSALA MILKA.B., AGED 63, W/O.CHANDRAMOHAN, RESIDING AT POURNAMI,
TC 1/1981-1, POOJAPPURA,, THIRUMALA VILLAGE, THIRUVANANTHAPURAM
TALUK, THIRUVANANTHAPURAM DISTRICT - 695 012.
BY ADV. RAJESH P.NAIR
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695 001.
3. THE ACCOUNTANT GENERAL (H&E) KERALA, OFFICE OF THE ACCOUNTANT
GENERAL (A&E), THIRUVANANTHAPURAM, PIN - 695 009.
4. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, THIRUVANANTHAPURAM
- 695 001.
5. CHRISTIAN COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS MANAGER. 695 572.
6. THE PRINCIPAL, CHRISTIAN COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM
DISTRICT - 695 572.
BY GOVERNMENT PLEADER,SMT. SABEENA P. ISMAIL AND ,ADDL. ADVOCATE
GENERAL,SRI.ASOK M.CHERIAN FOR R1 TO R4
STANDING COUNSEL SRI.S.KRISHNAMOORTHY FOR UGC(B/O)
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to disburse the DCRG amount with interest to the
petitioner forthwith, till the disposal of this Writ Appeal.
This Writ Appeal again coming on for orders on 7/11/2024 upon
perusing the appeal memorandum and this court's order dated 10/10/2024,
the court on the same day passed the following:
WA No.139 of 2022
:1:
ANIL K. NARENDRAN, VIJU ABRAHAM & G. GIRISH, JJ.
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W.A.No.139 of 2022
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Dated this the 7th day of November, 2024
ORDER
Anil K. Narendran, J.
Pursuant to the direction contained in the order of this Court
dated 10.10.2024 the learned Government Pleader has placed on
record along with a memo dated 23.10.2024, Letter
No.F.FIP99/SWRO/UGC/KLKE040 dated 01.02.2001 of the
Regional Head of the University Grants Commission, South
Western Regional Office, whereby the UGC conveyed its approval
for doing Ph.D by the appellant herein under the IX Plan Faculty
Development Programme, subject to the condition stipulated
therein. Condition No.6 incorporated in that letter reads thus;
"6. The Teacher Fellows should note that He/She shall have
to submit their M.Phil/Ph.D thesis compulsorily in order to
account for audit as well as for the purpose for which the
grants are paid by the Commission failing which the entire
amount incurred on the scheme will have to be borne by the
Teacher Fellow." (underline supplied)
2. Another Letter No.F.FIP99/SWRO/UGC/KLKE040 dated
28.09.2002 issued by the Joint Secretary of University Grants
Commission, South Western Regional Office, is also produced
along with the memo, which is one issued in continuation of the
earlier letter dated 01.02.2001, whereby the UGC conveyed its
approval for extension for doing Ph.D by the appellant under IX
plan Faculty Development Programme, subject to the conditions
stipulated therein. Condition No.7 incorporated in that letter reads
thus:
"7. The Teacher Fellow should note that he/she shall have to
submit their M.Phil thesis compulsorily in order to account
for audit as well as for the purpose for which the grants are
paid by the commission, failing which the entire amount
incurred on the scheme will have to be borne by the Teacher
Fellow." (underline supplied)
3. The learned counsel for the appellant would submit that
the appellant is no more. Therefore, an application to substitute
her legal representatives as supplemental appellants in this writ
appeal shall be filed within two weeks.
Post on 27.11.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
Sd/-
G. GIRISH, JUDGE
RPR
07-11-2024 /True Copy/ Assistant Registrar
