Kerala High Court
Sincy.P.S vs Institute Of Human Resources ... on 3 December, 2018
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940
WP(C).No.26379 of 2018
PETITIONER/S:
SINCY.P.S., AGED 41 YEARS, WIFE OF TITTY JACOB,
ASSISTANT PROFESSOR, MODEL ENGINEERING COLLEGE,
THRIKKAKARA, ERNAKULAM, KOCHI-682 021.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.N.RAJAGOPALAN NAIR
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
RESPONDENT/S:
1 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,
REPRESENTED BY ITS DIRECTOR, PRAJOS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
2 THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,
PRAJOS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
3 THE PRINCIPAL, MODEL ENGINEERING COLLEGE, THRIKKAKARA,
ERNAKULAM, KOCHI 682 021.
BY SRI.DEEPU THANKAN, SC, IHRD
BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26379 of 2018 2
JUDGMENT
The petitioner, impugning Ext.P8 order passed by the Director, Institute of Human Resources Development(IHRD) consequent upon Ext.P7 judgment, has approached this Court. The said order is passed obviously without adverting to Exts.P4 and P5 orders of the IHRD. The matter is related to the fixation of the pay on AICTE scale reckoning her service of 11 years from 18.06.1999 to 06.05.2010 including the five years of service in Engineering College from 01.09.2005 to 06.05.2010.
In such circumstances, it is to be noted that this Court has specifically ordered that Exts.P4 and P5 orders shall be adverted before passing Ext.P8 order. In Ext.P8 order, there is no mention about Exts.P4 and P5 orders. Therefore, it is obvious that orders have been passed without adverting to Exts.P4 and P5 orders. Accordingly, Ext.P8 order is set aside and fresh orders shall be passed after hearing the petitioner and after adverting to Exts.P4 and P5 orders of the IHRD within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE WP(C).No.26379 of 2018 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: TRUE COPY OF ORDER NO.E1/3810/99/HRD DATED 7.6.1999 ISSUED BY 2ND RESPONDENT.
EXHIBIT-P2: TRUE COPY OF ORDER NO.E3/8408/2005/HRD DATED 23.8.2005 ISSUED BY 2ND RESPONDENT.
EXHIBIT-P3: TRUE COPY OF ORDER NO.EA/6371/2010/HRD DATED 29.5.2010 ISSUED BY ADMINISTRATIVE OFFICER OF 1ST RESPONDENT.
EXHIBIT-P4: TRUE COPY OF ORDER NO.E2/5113/2000/HRD DATED 30.11.2001 ISSUED BY 1ST RESPONDENT.
EXHIBIT-P5: TRUE COPY OF ORDER NO.E2/5113/2000/HRD DATED 23.2.2001 ISSUED BY 1ST RESPONDENT.
EXHIBIT-P6: TRUE COPY OF REPRESENTATION DATED 15.11.2017 SUBMITTED BY PETITIONER TO 2ND RESPONDENT THROUGH THE 3RD RESPONDENT.
EXHIBIT-P7: TRUE COPY OF JUDGMENT DATED 25.1.2018 IN W.P.(C) NO.2318 OF 2018 OF THIS HON'BLE COURT. EXHIBIT-P8: TRUE COPY OF ORDER NO.EA3/1274/2018/HRD DATED 6.4.2018 PASSED BY 2ND RESPONDENT. EXHIBIT-P9: TRUE COPY OF STATEMENT OF FIXATION OF PAY IN AICTE SCALES SANCTIONED BY 3RD RESPONDENT TO SAJITHA S. EXHIBIT-P10: TRUE COPY OF STATEMENT OF FIXATION OF PAY IN AICTE SCALES SANCTIONED BY 3RD RESPONDENT TO K.VIJAYALAKSHMI.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE ln