Kerala High Court
Manoj M.V vs The Vice Chancellor on 23 June, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
CR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 34521 OF 2011
PETITIONERS:
1 MANOJ M.V.
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
2 SASI O.C,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
3 JINMESH.K,SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
4 SAJEEV.S,(SADANANDAN)
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
5 MANOJ.A.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
6 KAMALUDEEN.K.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
7 NIKHIL V.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
8 HARISH.G,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
9 ANTONY.D.L,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
10 JAIMON.A JOHN,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
11 SUJITH.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
2
CALICUT,THENHIPALAM,MALAPPURAM.
12 DEEPA.G.H,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
13 RAJANI DEVI.P.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
14 SREEMURUKAN PILLAI K.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
15 RAGHU.O,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
16 SUDHEER.T,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
17 JYOTHI GOPALAN,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS:
1 THE VICE CHANCELLOR,
UNIVERSITY OF CALICUT,THENHIPALAM,MALAPPURAM-673 636
2 THE REGISTRAR,
UNIVERSITY OF CALICUT,THENHIPALAM,MALAPPURAM-673 636
3 SUJATHA.K.M,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
4 CHARLES P.CHANDY
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
3
CALICUT,THENHIPALAM,MALAPPURAM-673636
5 AJAYAKUMAR.T.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
6 PRASANTH K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
7 JAYAKUMAR.R.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
8 RENI PAUL.P.X,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
9 SHIBA.E.N,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
10 SYED ALI.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
11 NISHA PULIYULLATHIL,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
12 M.N.SOBHANA,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
13 JEEVAN MATHEW KURIAN,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
14 VIJAYASREE.A.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
15 SARITHA.S.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
4
CALICUT,THENHIPALAM,MALAPPURAM-673636
16 KAVITHA.K.G,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
17 CHITHRA.S.H,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
18 DINESH.KUMAR.V.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
19 VIJI KURIEN THOMAS,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
20 SUNIL KUMAR.K.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
21 PRADEEPAN.K.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
22 SUMESH.M.G,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
23 RAJESH R.L,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
24 SHAMEER.K.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
25 MAHA MAYA.V.J,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
26 AJITH SYAM PRASAD T,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
5
CALICUT,THENHIPALAM,MALAPPURAM-673636
27 MANOJAN.M.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
28 TESSY LINNETTE JACOB,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
29 SANDHYA S.MENON,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
30 SINDHU VIJAYAN.N,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
31 MUHAMMEDALIA.C.,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
32 KUMAR.R,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
33 CHANDRA KUMAR.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
34 SREEJITH.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
35 RAZAK.KM,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
36 ABDUL HAKEEM.M,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
37 SUDHEENDRAN.K.T,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
6
CALICUT,THENHIPALAM,MALAPPURAM-673636
38 BEENA.A.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
39 SUNIL.C.N,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
40 REJI.E.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
41 SEEMA.C.D,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
42 SAJEEV.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
43 JYOTHISH V.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
44 ANILKUMAR.M.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
45 ABDUL AZEEZ KUNNOTH,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
46 JAYAKUMAR.R,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
47 SURESH BABU R,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
48 SUBASH K.R,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
7
CALICUT,THENHIPALAM,MALAPPURAM-673636
49 ANUPAMA SACHINDRAN,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
50 T.RATHEESH KUMAR,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
51 BEENA.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
52 BENZEER.T.A,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
53 DEEPAK GEORGE,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
54 DELEEP KUMAR.R,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
55 GEETHA.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
56 JAYAPRAKASH.A.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
57 SREEDEVI R.N.NAIR,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
58 ALWIN JOSEPH TONY,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
59 BEERAN ANNANGADAN,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
8
CALICUT,THENHIPALAM,MALAPPURAM-673636
60 RANI.P,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
61 SWAPNA.G,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
62 NISHA BABY K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
63 PRASEENA.K.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
64 NAVEEN JOSEPH A,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
65 BINU MON.S,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
66 SARATH KUMAR C.K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
67 SUDHEER KUMAR.G,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
68 NISHANTH.T.M,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
69 SHEENA ISSAC,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
70 VIJAYAKUMARAN NAIR.T.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
WP(C) NO. 34521 OF 2011 & conn. Case
9
CALICUT,THENHIPALAM,MALAPPURAM-673636
71 SUDHEER A,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
72 SUDHEER K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
73 DEEPAK.P.V,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
74 SHAHUL HAMEED.A.B,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
75 PRANEETHA T,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
76 ANIL KUMAR K,
SELECTION GRADE ASSISTANT,UNIVERSITY OF
CALICUT,THENHIPALAM,MALAPPURAM-673636
BY ADVS.
SHRI.JAWAHAR JOSE
SRI.GEORGE POONTHOTTAM
SRI.HARISH R. MENON
SRI.P.S.MURALI
SRI.K.T.SHYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, ALONG WITH WP(C).2473/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 34521 OF 2011 & conn. Case
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 2473 OF 2012
PETITIONERS:
1 SREEDEVI P.V.
AGED 39 YEARS
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
2 NEETHU.A.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
3 SANTHANAKRISHNAN.E.G.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
4 RAJI.K.A.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
5 RIJIMOL.K.S.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
6 BINDU RAMACHANDRAN
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SMT.APARNA RAJAN
SRI.P.DEEPAK
SRI.M.R.SABU
SMT.S.SHEEJA KUMARYAYOOR
WP(C) NO. 34521 OF 2011 & conn. Case
11
RESPONDENTS:
1 CALICUT UNVIERSITY
REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
2 THE VICE CHANCELLOR
CALICUT UNIVERSITY, UNIVERSITY OF CALICUT, THENHIPALAM,
MALAPPURAM-673 635.
3 SUJATHA.K.M
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
4 CHARLS P.CHANDY
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
5 AJAYAKUMAR.T.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
6 PRASANTH.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
7 JAYAKUMAR.R.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
8 RENI PAUL.P.X
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
9 SHIBA.E.N.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
10 SYED ALI.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
12
11 NISHA PULIYULLATHIL
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
12 M.N.SOBHANA
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
13 JEEVAN MATHEW KURIAN
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
14 VIJAYASREE.A.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
15 SARITHA.S.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
16 KAVITHA.K.G.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
17 CHITHRA.S.H.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
18 DINESH KUMAR.V.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
19 VIJI KURIAN THOMAS
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
20 SUNILKUMAR.K.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
21 PRADEEPAN.K.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
13
22 SUMESH.M.G.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
23 RAJESH.R.L.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
24 SHAMEER.K.S.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
25 MAHAMAYA.V.J.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
26 AJITH SYAM PRASAD.T.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
27 MANOJAN.M.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
28 TESSY LINNETTEE JACOB
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
29 SANDHYA S.MENON
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
30 SINDU VIJAYAN.N.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
31 MUHAMMAD ALI.C.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
32 KUMAR.R.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
14
33 CHANDRAKUMAR.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
34 SREEJITH.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
35 RAZAK.K.M.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
36 ABDUL KARIM.M.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
37 SUDHEENDRAN.K.T.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
38 BEENA.A.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
39 SUNIL.C.N.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
40 REJI.E.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
41 SEEMA.C.D.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
42 SAJEEV.S.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
43 JYOTHISH.V.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
15
44 ANILKUMAR.M.S.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
45 ABDUL AZEZ KUNNOTH
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
46 JAYAKUMAR.R.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
47 SURESH BABU.R.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
48 SUBHASH.K.R.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
49 ANUPAMA SACHINDRAN
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
50 T.RATHEESH KUMAR
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
51 BEENA.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
52 BENZEER.T.A.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
53 DEEPAK GEORGE
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
54 DELEEP KUMAR.R.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
16
55 GEETHA.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
56 JAYAPRAKASH.A.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
57 SREEDEVI.R.N.NAIR
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
58 AALVIN JOSEPH TONY
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
59 BEERAN ANNANGADAN
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
60 RANI.P.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
61 SWAPNA.G.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
62 NISHA BABY.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
63 PRASEENA.K.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
64 NAVEEN JOSEPH.A.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
65 BINU MON.S.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
17
66 SARATHKUMAR.C.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
67 SUDHEER KUMAR.G.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
68 NISANTH.T.M.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
69 SHEENA ISAK
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
70 VIJAYAKUMARAN NAIR.T.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
71 SUDHEER.A.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
72 SUDHEER.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
73 DEEPAK.P.V.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
74 SHAHUL HAMEED.A.B.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
75 PRANEETHA.T.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
76 ANILKUMAR.K.
SELECTION GRADE ASSISTANT, UNIVERSITY OF CALICUT,
THENHIPALAM, MALAPPURAM-673 635.
WP(C) NO. 34521 OF 2011 & conn. Case
18
BY ADVS.
SHRI.JAWAHAR JOSE
SRI.GEORGE POONTHOTTAM
SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, ALONG WITH WP(C).34521/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 34521 OF 2011 & conn. Case
19
CR
JUDGMENT
The petitioners and the party respondents in these cases were all recruited as 'Assistants' in the services of the University of Calicut (hereinafter referred to as 'the University' for short) on the same day. The party respondents were Departmental Test qualified at the time of their appointment, since they had already cleared the Account Test (Lower); while the petitioners herein acquired such qualification while they were in service. It is without contest that the petitioners cleared the Account Test (Lower) within their period of probation and were, thereafter, promoted as Assistants (Senior Grade) on such declaration.
2. The seniority list of Assistants (Senior Grade) showed them as seniors to the party respondents, but according to them, abruptly in December, 2011, an order was issued by the University, bearing No.Ad.A1/13068/2011, revising the seniority list, apparently being guided by the judgment of this Court in Gopinathan Unnithan v. State of Kerala [1991 (2) KLT 112].
3. The petitioners assert that they were not heard before the seniority list was revised through the aforementioned order - a copy of which is on record as Ext.P5 in W.P.(C)No.34521/2011; and WP(C) NO. 34521 OF 2011 & conn. Case 20 that, in any event of the matter, its contents are grossly contrary to the applicable statutory provisions, particularly Rule 28(a) of Part II of the Kerala State and Subordinate Service Rules (KS & SSR). They therefore, pray that the impugned order of the University be set aside and it be directed to restore their seniority in the cadre of Assistants (Senior Grade), in terms of the afore Rule.
4. I have heard Sri.P.Ravindran - learned Senior Counsel, instructed by Smt.Aparna Rajan, learned counsel appearing for the petitioners; Sri.George Poonthottam - learned Senior Counsel, instructed by Sri.Navaneeth Krishnan, as also Sri.Shyam Kumar and Sri.Jawahar Jose, learned counsel appearing for the respondents.
5. Sri.George Poonthottam - learned Senior Counsel appearing for some of the party respondents argued in support of the impugned selection list, asserting that it is irreproachable because it has taken into account the fact that, at the time when the vacancies arose, the petitioners were not Test qualified. He submitted that, therefore, going by Rule 28(iA) of Part II KS & SSR, the petitioners were not even eligible to be included in the select list for being considered for promotion as Assistants (Senior Grade); and therefore, cannot now assail the revision of the seniority list for the grounds that are impelled in these writ petitions. WP(C) NO. 34521 OF 2011 & conn. Case 21
6. The learned Senior Counsel, thereafter, pointed out that the petitioners cleared their Departmental Tests only in March or April, 2010 and therefore, under the rigour of Rule 28(bbb) of Part II KS & SSR, they would not be able to obtain promotion in preference to his clients, since the Explanation (1) to the said provision makes it luculent that the benefits granted therein cannot be used for the purpose of "promotion not involving change of duties against vacancies remaining unfilled for want of test qualified persons". The learned Senior Counsel submitted that, therefore, the University has correctly assessed the situation and has issued the impugned seniority list. He then added that the rigour of Rule 28 of Part II KS & SSR would also apply because it is only after the petitioners had cleared the Departmental Test, could they have aspired for promotion, which they did not do on the date when the vacancies arose.
7. Sri.Shyam Kumar and Sri.Jawahar Jose - learned counsel appearing for the other party respondents, adopted the afore submissions of Sri.George Poonthottam, supplementing it by asserting that the University has considered all the germane aspects in its right perspective, noticing that the promotions granted to the petitioners were even before their Test results had been declared. WP(C) NO. 34521 OF 2011 & conn. Case 22 They also, therefore, prayed that these writ petitions be dismissed.
8. In reply, Sri.P.Ravindran - learned Senior Counsel appearing for the petitioners, submitted that law has now been well settled by this Court and by Hon'ble Supreme Court, particularly through Suseela Devi v. PSC [1998 (1) KLT 478] that, except in the case of appointment to the posts of Head of Department no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category. The learned Senior Counsel pointed out that all the parties in this case were recruited and appointed on the same day and that his clients were on probation for a period of one year, within a continuous period of two years and that they had successfully completed the same, after clearing the Account Test (Lower), which is the only Departmental Test mandated under the University Regulations. He argued that, therefore, on his clients passing the Account Test (Lower) - whether the results of the same were declared subsequently or otherwise - the provisions of Rule 28(a) of Part II KS & SSR would come to play; and therefore, that the action of the University in having revised the seniority list is illegal and unlawful.
WP(C) NO. 34521 OF 2011 & conn. Case 23
9. Sri.P.Ravindran, thereafter, submitted that, going by the mandatory stipulations of Rule 28(bbb) of Part II KS & SSR, when a candidate clears the Departmental Test - albeit, it being declared on a date subsequently - it will revert to the date on which the test was completed, namely the date of the examination. He predicated that, in such view, his clients certainly were Test qualified in January, 2010 and were promoted only subsequently. He asserted that, therefore, the provisions of Rule 28(iA) or the Explanation to Rule 28(bbb) of Part II KS & SSR would have absolutely no application to this case. He concluded his submissions arguing that the reliance of the University on the judgment of this Court in Gopinathan Unnithan (supra) was unfortunate because it was delivered in a completely different set of circumstances and that, in any event, on account of Suseela Devi (supra), it has lost its relevance.
10. I have considered the afore submissions very carefully.
11. As I have already said above, it is uncontested that the parties in these cases were appointed on the same day and that their declaration of probation was also more or less within the same period. It is also without dispute that the vacancies to the higher post were available even before all of them joined service. The petitioners wrote the Departmental Test within the period of their WP(C) NO. 34521 OF 2011 & conn. Case 24 probation, though its results came slightly later. As rightly argued by Sri.P.Ravindran - learned Senior Counsel, on the results of the Test being declared, the provisions of Rule 28(bbb) of Part II KS & SSR operate to revert it statutorily to the date on which the examination was completed. The only other scenario would have been where a candidate had lost the test, in which event, certainly, the probation also would have had to be extended. This is admittedly not so in the case of any of the petitioners and it is conceded they had all cleared the examinations successfully, thus having their probation declared.
12. Therefore, the fact that the vacancies were available even at the time when the petitioners and the party respondents were recruited, would be of no avail because all of them had to first complete their probation and it is only thereafter, could they have been granted the benefits of promotion.
13. As far as the petitioners are concerned, they were offered promotion after they wrote the Departmental Test and therefore, the University could not have applied Gopinathan Unnithan (supra) in a manner so as to hold that their eligibility for promotion would arise only from the date on which the declaration of results was made.
WP(C) NO. 34521 OF 2011 & conn. Case 25
14. In such contextual perspective, the emphasis given by the University on Explanation (1) to Rule 28(bbb) of Part II of the KS & SSR was, prima facie, in error.
15. I am persuaded to the afore view also because, admittedly, as per the University Regulations, passing of the Account Test (Lower) is a qualification only for the post of Assistant and not that of the promotion to that of Assistant (Higher Grade). That being so, it is highly doubtful whether the rigour of the Explanation to Rule 28(bbb) would apply. Further, when the petitioners are relying upon Rule 28(a) of Part II KS & SSR, one cannot gather how the University maintains that their benefits can only be edificed on the Explanation to Rule 28(bbb) thereof. I am certain that these issues will require to be reconsidered, if it is found so necessary.
16. I do not propose to say anything more at this stage because revision of the Seniority List has been made by the University without notice to any of the parties and suo motu, perhaps because they were under the impression that Gopinathan Unnithan (supra) compelled them to do so.
17. Normally, no such revision could have been made without notice to the parties.
WP(C) NO. 34521 OF 2011 & conn. Case 26
18. This is crucial because, had such opportunity been given, the contentions of the petitioners could have been impelled before the competent Authority, who then could be forensically obliged to assess it from the touchstone of the University Regulations, as also the KS & SSR. This not having been done, I certainly cannot grant imprimatur to Ext.P5 in W.P.(C)No.34521/2011 - which is the same as Ext.P7 in W.P.(C)No.2473/2012.
Resultanty, I order these writ petitions and set aside the afore order; however, leaving liberty to the University to call for objections to revise the original seniority list, if they are so interested and do so implicitly in terms of law; however, only after hearing the parties and after assessing their versions.
Needless to say, if the afore exercise is embarked upon by the University, it shall be completed without being trammelled by my observations above; which, I clarify, has been recorded for the sole purpose of entering into the conclusions in this judgment and nothing more.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C) NO. 34521 OF 2011 & conn. Case
27
APPENDIX OF WP(C) 34521/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER APPOINTING THE PETITIONERS
AND RESPONDENTS DATED 31.8.2009
EXHIBIT P2 TRUE COPY OF THE ORDER DECLARING THE PROBATION OF
THE PETITIONERS ALONG WITH RESPONDENTS 3 TO 76 DATED 1.7.2010.
EXHIBIT P2 TRUE COPY OF THE ORDER DECLARING THE PROBATION OF THE PETITIONERS ALONG WITH RESPONDENTS 3 TO 76 DATED 21.7.2010 EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY PROMOTING THE PETITIONERS TO THE POST OF SENIOR GRADE ASSISTANTS DATED 30.11.2010 EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY PROMOTING THE PETITIONERS TO THE POST OF SELECTION GRADE ASSISTANTS DATED 30.11.2010.
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY DATED 9.12.2011 RESPONDENT EXHIBITS EXHIBIT R23(A) TRUE COPY OF THE ORDER NO.AD.C1/10334/86 DATED 17.12.1986 EXHIBIT R23(B) TRUE COPY OF THE ORDER NO.AD.C1/3231/2002 DATED 13.4.2010 EXHIBIT R23(C) TRUE COPY OF ORDER NO AD.A1/17420/97 DATED 23.8.1999.
EXHIBIT R60(A) TRUE COPY OF THE ORDER DATED 13.4.2010 ISSUED BY THE UNIVERSITY.
WP(C) NO. 34521 OF 2011 & conn. Case 28 APPENDIX OF WP(C) 2473/2012 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 31.08.2009.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 1.7.2010.
Exhibit P3 TRUE COPY OF THE ORDER PROMOTING THE PETITIONERS AS SENIOR GRADE DATED 30.11.10.
Exhibit P4 TRUE COPY OF THE ORDER OF THE UNIVERSITY DATED 30.11.2010.
Exhibit P5 TRUE COPY OF THE CHART SHOWING THE DATES OF APPOINTMENTS OF THE PETITIONERS.
Exhibit P6 TRUE COPY OF THE CHART SHOWING THE SIMILAR DETAILS OF THE RESPONDENTS Exhibit P7 TRUE COPY OF THE CHART SHOWING THE SIMILAR ORDER PROVIDING SENIORITY.
Exhibit R60(a) TRUE COPY OF THE ORDER DATED 13.04.2010 ISSUED BY THE UNIVERSITY.