Kerala High Court
Sindhu.S vs State Of Kerala on 23 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 23rd day of October 2024 / 1st Karthika, 1946
WP(C) NO. 33074 OF 2018 (H)
PETITIONERS:
1. SINDHU.S, AGED 50 YEARS, W/O ANIL KUMAR, LECTURER IN MOHINIYATTAM,
SREESANKARACHARYA UNIVERSITY OF SANSKRIT, KALADI.
2. SATHEESH KUMAR K.A, AGED 46 YEARS, S/O K.N.ASHOKAN, LECTURER IN
PAINTING, SREESANKARACHARYA UNIVERSITY OF SANSKRIT, KALADI.
3. REMESH VARMA C.K, AGED 54 YEARS, S/O K.T.RAMAVARMA, LECTURE IN
THEATRE, SREESANKARACHARYA UNIVERSITY OF SANSKRIT, KALADI.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT,DEPARTMENT
OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695
001.
2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY ITS
REGISTRAR, UNIVERSITY OFFICE, KALADI P.O., ERNAKULAM DISTRICT-683
574.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to permit the petitioners to continue
to function as Teachers in 3rd respondent University until they attain 60
years of age, dehors Ext.P5, pending decision in the W.P.(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
26.06.2024 in IA NO.3/2024 and upon hearing the arguments of
M/S.M.R.ANISON, V.BHARGAVI, P.A.RINUSA, Advocates for the petitioners and
of M/S.DINESH MATHEW J.MURICKEN, PRASANTH S., Advocates for the 3rd
respondent, the court passed the following:
ZIYAD RAHMAN A.A., J.
========================
W.P(C) No.33074 of 2018, W.P(C) No.19269 of 2024
&
I.A. No.1/2024 in W.P(C) No.33074 of 2018
========================
Dated this the 23rd day of October, 2024
ORDER
In the light of the judgment passed by a Division Bench of
this Court in W.A. No.922/2024 dated 03.09.2024, a modification of
the interim orders passed in these cases are necessary. In such
circumstances, it is ordered that, the interim order dated 26.06.2024
in W.P(C) No.33074/2018 and the interim order dated 29.05.2024 in
W.P(C) No.19269/2024 passed by this Court shall stand modified
with the following directions: The respondents shall ensure that, the
petitioners are paid their salary and other benefits upon the
petitioners making an undertaking before the University to the
effect that, the entire excess salary would be refunded, if ultimately
the issue is decided against the petitioners.
Post for hearing.
W.P(C) No.33074 of 2018 and conn.cases
I.A. No.1/2024 in W.P(C) No.33074 of 2018
This application is allowed. The petitioners are permitted to
carry out the amendments as sought for. The petitioners shall file
amended writ petition within a period of three weeks.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
23-10-2024 /True Copy/ Assistant Registrar
