Kerala High Court
4 Sreeja P vs Present
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940
WP(C).No. 12542 of 2018
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PETITIONERS
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1 RASHIM M.E
AGED 43 Y EARS, S/O. EBRAHIM P.P.,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS
ENGINEERING, MODEL ENGINEERING COLLEGE,
THRIKKAKARA, RESIDING AT PONTHANAL HOUSE,
ERATTUPETTA P.O., KOTTAYAM, PIN - 686 121.
2 SAJITAH S.
AGED 44 YEARS, D/O. K. SOMASUNDARAN NAIR,
ASSISTANT PROFESSOR, DEPARTMENT OF BIOMEDICAL
ENGINEERING, MODEL ENGINEERING COLLEGE,
THRIKKAKARA, RESIDING AT ANANTHAPADMALAYAM,
THEKKUMANA, MANJUMMEL P.O., KOCHI, PIN - 683 501.
3 LEENA T. TIMOTHY,
AGED 53 YEARS, D/O. T.P. TIMOTHY,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRICAL
ENGINEERING, COLLEGE OF ENGINEERING, CHERTHALA,
RESIDING AT KOLADY HOUSE, HOUSE NO.VI/661-A,
THRIKKAKARA P.O., COCHIN, PIN - 682 021.
4 APARANA DEVI P.S.
AGED 44 YEARS, D/O. UNNIKRISHNAN K.,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS
ENGINEERING, COLLEGE OF ENGINEERING, CHERTHALA,
RESIDING AT ANIMA, PARAT LANE, ALUVA, PIN - 682 021.
5 ANJANA DEVI S.,
AGED 47 YEARS, D/O. R.S. MARAR,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS
ENGINEERING, COLLEGE OF ENGINEERING, CHERTHALA,
RESIDING AT 28/443 A, DEEP SHIKHA, CLUB ROAD,
KADAVANTHRA P.O., ERNAKULAM, PIN - 682 020.
6 RAJI A.
AGED 43 YEARS, D/O. N. THIRVIKRAMAN NAIR,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS
ENGINEERING, KALLOOPPARA, RESIDING AT ANOOR
PUTHENVEEDU, ERAVICHIRA EAST, SOORANAD P.O.,
KOLLAM , PIN- 690 522.
WP(C).No. 12542 of 2018 (P)
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7 JOSEPH GEORGE K.N.
AGED 45 YEARS, S/O. K.J. NELSON,
ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS
ENGINEERING, MODEL ENGINEERING COLLEGE,
THRIKKAKARA, RESIDING AT KWA QUARTERS NO.63,
K.K. PADMANABHAN ROAD, KACHERIPADY, KOCHI, PIN - 682 018.
8 JAYASREE K.
AGED 47 YEARS, D/O. K.S. KUTTAPPAN,
ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER
SCIENCE, MODEL ENGINEERING COLLEGE, THRIKKAKARA,
RESIDING AT 11/522A, SREEVALSAM, KAKKNADU P.O.,
POYYACHIRA . PIN- 682 037.
9 RENU GEORGE
AGED 46 YEARS, D/O. V.I. GEORGE, ASSISTANT PROFESSOR,
DEPARTMENT OF COMPUTER ENGINEERING, COLLEGE OF
ENGINEERING, CHENGANNUR, RESIDING AT THATTAKUNNEL,
PALIAKARA, THIRUVALLA, PIN - 689 101.
10 JOSHY JOSEPH
AGED 44 YEARS, S/O. A.K. JOSEPH, LECTURER
(SELECTION GRADE), DEPARTMENT OF MECHANICAL
ENGINEERING, COLLEGE OF ENGINEERING,
CHERTHALA, RESIDING AT PUNCHEKUNNEL, PALA P.O.,
KOTTAYAM DISTRICT, PIN - 686 575.
11 SHINE P. JAMES,
AGED 48 YEARS S/O. P.V. JAMES, LECTURER
(SELECTION GRADE), DEPARTMENT OF ELECTRONICS,
COLLEGE OF ENGINEERING, POONJAR, RESIDING AT
PARATHAZHATHU HOUSE, ST. THOMAS ROAD, PALA P.O.,
KOTTAYAM DISTRICT - 686 575.
12 MANU M. JOHN.,
AGED 43 YEARS, S/O. P.M. JOHN, LECTURER
(SELECTION GRADE), DEPARTMENT OF MECHANICAL
ENGINEERING, COLLEGE OF ENGINEERING, ADOOR,
RESIDING AT MALIYEKAL 3/417, VADAKADATHUKAVU P.O.,
ADOOR, PATHANAMTHITTA DISTRICT, PIN- 691 526.
13 SINDHU L.
AGED 50 YEARS, D/O. M.P. CHANDRAN, LECTURER
(SELECTION GRADE), DEPARTMENT OF COMPUTER
ENGINEERING, COLLEGE OF ENGINEERING, POONJAR,
RESIDING AT THEKKUMALA HOUSE, KADAPLAMATTOM P.O.,
KOTTAYAM DISTRICT, PIN - 686 575.
WP(C).No. 12542 of 2018 (P)
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14 SREEJA P.
AGED 43 YEARS, D/O. V. PARBHAKARAN NAIR,
LECTURER (SELECTION GRADE), DEPARTMENT OF
ELECTRICAL ENGINEERING, COLLEGE OF ENGINEERING,
ADOOR, RESIDING AT THIRUVONAM, SREENAGAR 230,
VADAKKEVILA P.O., KOLLAM, PIN - 691 010.
BY ADVS.SRI.S.JAYAKRISHNAN
SRI.S.PARAMESWARA PRASAD
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN- 695 001.
2. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
ESTABLISHED BY THE GOVERNMENT OF KERALA,
PRAJO'E TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695 014,REPRESENTED
BY DIRECTOR.
3. MODEL ENGINEERING COLLEGE
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), THRIKKAKARA, PIN - 682 021, REPRESENTED BY ITS
PRINCIPAL.
4. COLLEGE OF ENGINEERING
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), ADOOR, PIN- 691 523, REPRESENTED BY ITS
PRINCIPAL.
5. COLLEGE OF ENGINEERING
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), POONJAR, PIN - 686 582, REPRESENTED BY
ITS PRINCIPAL.
WP(C).No. 12542 of 2018 (P)
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6. COLLEGE OF ENGINEERING
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), CHERTHALA, PIN - 688 541, REPRESENTED BY ITS
PRINCIPAL.
7. COLLEGE OF ENGINEERING
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), CHENGANNUR, PIN - 689 121, REPRESENTED BY
ITS PRINCIPAL.
8. COLLEGE OF ENGINEERING
(MANAGED BY INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, ESTABLISHED BY THE GOVERNMENT OF
KERALA), KALLOOPPARA, PIN - 689 583, REPRESENTED BY
ITS PRINCIPAL.
R1 BY GOVERNMENT PLEADER SRI. B. UNNIKRISHNA KAIMAL
R2-R8 BY ADV. SRI.DEEPU THANKAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-18,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
12.04.18
WP(C).No. 12542 of 2018 (P)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF G.O.(P)NO.389/2010/H.EDN DATED
07.12.2010 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS
NO.EA3/3710/2011/HRD DATED 18.03.2011 OF THE 2ND
RESPONDENT
EXHIBIT P3. TRUE COPY OF THE ORDER NO.EA3/2913/2010/HRD(2)
DATED 04.09.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P4. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD(3) DATED
03.11.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P5. TRUE COPY OF THE ORDER NO. EA3/813/2011/HRD(3)
DATED 15.03.2011 PASSED BY THE 3RD RESPONDENT
EXHIBIT P6. TRUE COPY OF STATEMENT OF PAY FIXATION OF THE
4TH PETITIONER
EXHIBIT P7. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD DATED
29.03.2010 PASSED BY THE 2DN RESPONDENT
EXHIBIT P8. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD(2) DATED
23.04.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P9. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD(1) DATED
25.10.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P10. TRUE COPY OF STATEMENT OF PAY FIXATION OF THE
8TH PETITIONER
EXHIBIT P11. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD (1) DATED
04.09.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P12. TRUE COPY OF ORDER NO. EA3/812/2010/HRD (2) DATED
15.03.2011 PASSED BY THE 2ND RESPONDENT
EXHIBIT P13. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD (1) DATED
23.04.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P14. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD (1) DATED
27.12.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P15. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD (2) DATED
03.11.2010 PASSED BY THE 2ND RESPONDENT
WP(C).No. 12542 of 2018 (P)
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EXHIBIT P16. TRUE COPY OF ORDER NO. EA3/2913/2010/HRD DATED
18.03.2011 PASSED BY THE 2ND RESPONDENT
EXHIBIT P17. TRUE COPY OF STATEMENT OF FIXATION OF PAY OF
SHRI. PRAKAS N.
EXHIBIT P18. TRUE COPY OF REPRESENTATION DATED 14.11.2017
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P19. TRUE COPY REPRESENTATION DATED 16.11.2017
SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P20. TRUE COPY REPRESENTATION DATED 25.08.2017
SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P21. TRUE COPY REPRESENTATION DATED NIL SUBMITTED
BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P22. TRUE COPY REPRESENTATION DATED 18.07.2017
SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P23. TRUE COPY REPRESENTATION DATED 09.10.2017
SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P24. TRUE COPY REPRESENTATION DATED 14.11.2017
SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P25. TRUE COPY REPRESENTATION DATED 15.11.2017
SUBMITTED BY THE 8TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P26. TRUE COPY REPRESENTATION DATED 17.11.2017
SUBMITTED BY THE 9TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P27. TRUE COPY REPRESENTATION DATED 25.08.2017
SUBMITTED BY THE 10TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P28. TRUE COPY REPRESENTATION DATED 08.02.2018
SUBMITTED BY THE 11TH PETITIONER BEFORE THE 2ND
RESPONDENT
WP(C).No. 12542 of 2018 (P)
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EXHIBIT P29. TRUE COPY REPRESENTATION DATED 19.09.2017
SUBMITTED BY THE 12TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P30. TRUE COPY REPRESENTATION DATED 10.11.2017
SUBMITTED BY THE 13TH PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P31. TRUE COPY REPRESENTATION DATED 23.09.2017
SUBMITTED BY THE 14TH PETITIONER BEFORE THE 2ND
RESPONDENT
RESPONDENTS EXHIBITS NIL
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/TRUE COPY/
PA TO JUDGE
sdr/-
12.04.18
ANIL K. NARENDRAN, J.
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W.P.(C) No.12542 of 2018
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Dated this the 10th day of April, 2018
JUDGMENT
The petitioners, who are working as Faculties in various Engineering Colleges managed and administrated by the Institute of Human Resources Development (for brevity IHRD), have approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to sanction them higher pay band of Rs.37400-67000 and re-designate them as Associate Professor on the basis of Ext.P1 Government Order dated 07-12-2010 of the 1st respondent. The petitioners have also sought for a writ of mandamus commanding the respondents to take necessary steps to rectify the anomalies in their pay revision and to re-fix their pay retrospectively in the light of Clauses 6.1.10 and 6.1.11 of Ext.P1 Government Order. The further relief sought for in this writ petition is a writ of mandamus commanding the 2nd respondent to pass appropriate orders on Exts.P18 to P31 representations made by the petitioners as early as possible, after affording them an opportunity of hearing.
W.P.(C).12542/18 :2:
2. Heard the learned Senior Counsel for the petitioners, the learned Senior Government Pleader for the 1 st respondent, the learned Standing Counsel for IHRD and also the learned counsel for respondents 2 to 8.
3. During the course of arguments, the learned Senior Counsel for the petitioners would confine the reliefs sought for in this writ petition to one directing the 2nd respondent to consider and pass appropriate orders on Exts.P18 to P31 representations, within a time frame to be fixed by this Court.
4. The learned Standing Counsel for IHRD would submit that the 2nd respondent shall consider and pass appropriate orders on those representations, within a time limit to be fixed by this Court.
In such circumstances, without going into the merits of the claim made by the petitioners, this writ petition is disposed of by directing the 2nd respondent to consider and pass appropriate orders on Exts.P18 to P31 representations, strictly in accordance with law, with notice to the petitioners, and after affording them an opportunity for hearing, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. All legal W.P.(C).12542/18 :3:
and factual contentions raised by the petitioners are left open to be raised before the 2nd respondent at appropriate stage.
Sd/-
ANIL K. NARENDRAN, JUDGE okb/11.4.18 //True copy// P.A. to Judge