Kerala High Court
State Of Kerala vs Dr.C.Sreenivasan on 25 March, 2021
Author: Alexander Thomas
Bench: Alexander Thomas, K. Babu
OP(KAT) 300/2019 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
th th
Thursday,the 25 day of March 2021/4 Chaithra, 1943
For information purpose only
OP(KAT) No.300/2019
(AGAINST THE ORDER DATED 31.07.2018 IN O.A.(EKM)No.833/2014 OF THE
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH,ADDITIONAL
BENCH ERNAKULAM)
PETITIONERS/RESPONDENTS IN O.A.:
1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA-695 001.
& ANOTHER
RESPONDENT/APPLICANT IN O.A:
DR.C.SREENIVASAN
S/O. SREESHARAN NAIR, ASSISTANT PROFESSOR, DEPARTMENT OF
MATHEMATICS, GOVERNMENT COLLEGE, CHITTOOR, PALAKKAD, RESIDING AT
GOVINDAN, PRA-27, VELLOLI LANE-1, PUTHUR, PALAKKAD-678 001.
Op Kerala Administrative Tribunal praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to pass an Interim Order staying the operation
and implementation of Order dated 31.07.2018 in O.A.(EKM)NO.833/2014 on
the file of the Kerala Administrative Tribunal,Thiruvananthapuram
Bench,pending disposal of the above Original Petition(KAT) .
This petition again coming on for orders on 25/03/2021 upon
perusing the petition and the affidavit filed in support of OP(KAT) and
this court's order dated 3/03/2021 and upon hearing the arguments of
GOVERNMENT PLEADER, for the petitioners and of M/S S.P.ARAVINDAKSHAN
PILLAY,ABHIRAMI.K.UDAY,VISHNU.V.K.,REMYA.K.N,
ANNAPOORNA.L,N.SANTHA,PETER JOSE CHRISTO,ANAND.S.A,SAJU JOHN,
OP(KAT) 300/2019 2/6
V.VARGHESE,Advocates for the respondent, the court passed the following
For information purpose only
ALEXANDER THOMAS & K.BABU, JJ.
=========================
O.P.(KAT)No. 300 of 2019
(Arising out of the order dated 31.07.2018 in
O.A.No.833/2014 of KAT, TVM)
=========================
Dated this the 25th day of March, 2021
ORDER
For information purpose only ALEXANDER THOMAS, J.
Sri.B.Vinod, learned Senior Government Pleader submits on instructions and with reference to the pleadings and averments in paragraph No.2 of the new affidavit dated 24.03.2021, filed by the Principal Secretary to Government, Higher Education Department, that the previous affidavit filed by the said officer/deponent dated 23.03.2021 in OP(KAT)No.300/2019 may be treated as withdrawn and that the present affidavit dated 24.03.2021 may be accepted on the files of this Court.
2. Sri.V.Varghese, learned Counsel appearing for the respondent No.1/writ petitioner concerned in OP(KAT)No.300/2019 and other Advocates concerned has no serious objection in the said course of action and does not appear to have very serious objections to such a plea made by the Senior Government Pleader.
3. In paragraph No.6 of the present affidavit dated 24.03.2021 filed by the Principal Secretary to the Government, Higher Education Department, it is stated that the term 'Government controlled self- financing colleges' mentioned in clause 3.1 of Ext.R1(e) G.O.(Ms) O.P.(KAT)No.300 of 2019 2 No.204/2019/HEdn dated 29.06.2019 is not seen defined and that the colleges mentioned in the present cases, those run by the IHRD (Institute of Human Resources Development), CAPE (Co-operative Academy of For information purpose only Professional Education), SCTCE (Sree Chithira Tirunal College of Engineering) and LBS (Lal Bahadur Sasthri Institute) are established either by government or government controlled agencies and they could be considered as Government Controlled Self Financing Colleges within the meaning of G.O.(P) No.204/2019/HEdn dated 29.06.2019.
4. However, Sri. V.Varghese, learned Counsel appearing for the contestant respondent No.1 in OP(KAT) No.300/2019 would point out that, the further averment in paragraph No.6 is that the Government is also in the process of reconsidering the above said G.O regarding reckoning of service rendered in Self Financing Colleges for Career Advancement Promotion in Government Colleges. That under the guise of the said stand, the Government may be directed not to in any manner revise or rescind the Ext.R1(e) G.O. Sri. B.Vinod, learned Senior Government Pleader appearing for the petitioners would point out that the said apprehension raised by the contestant respondent/writ petitioner may not be well founded. The said submissions made on behalf of the competent authority, the State Government, Higher Education Department, is hereby recorded. However, to ally any apprehension of the writ petitioners, it is ordered that the Government O.P.(KAT)No.300 of 2019 3 shall not withdraw or rescind the said beneficial provisions contained in Ext.R1(e) G.O.(Ms) No.204/2019/HEdn dated 29.06.2019.
5. Both sides may address this Court as to the applicability of the For information purpose only dictum laid down by the judgment of a Division Bench of this Court rendered on 20.01.2021 in OP(KAT)No. 20/2021, arising out of OA No.691/2017 of KAT, Thiruvananthapuram, to the facts and circumstances of these cases.
6. Since the matter is pending for quite a long time, we are not in a position to accede to the request of the government in seeking further time by three months. All the factual details should be filed by the competent authority of the State Government in the Higher Education Department and the Director of Collegiate Education, by their detailed affidavit, if they choose to do so, and if so, it shall be so done well before 25.05.2021. If detailed affidavit is not filed by the State Government in the Higher Education Department, then this Court will be constrained to proceed with the disposal of the cases on the basis of the available pleadings and materials on record and there is no question of granting any further time. We hope and trust that nobody will be under the impression that we are calling for more details from the government only as if the Court needs it. Such details are called for only to ensure that the rights and interests of both the government and the contestant writ petitioners are well protected.
O.P.(KAT)No.300 of 20194 List these cases on 27.05.2021 in the admission list.
Sd/-
For information purpose ALEXANDER only JUDGE THOMAS, Sd/-
K.BABU, JUDGE uu 25.3.2021 /true copy/ Sd/- ASSISTANT REGISTRAR