Sandeep T.G vs State Of Kerala on 27 January, 2023

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Kerala High Court

Sandeep T.G vs State Of Kerala on 27 January, 2023

Bench: Sathish Ninan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                  WP(C) NO. 2663 OF 2023
PETITIONER/S:

         SANDEEP T.G
         AGED 45 YEARS
         ASSISTANT PROFESSOR,
         DEPT OF ENGLISH
         SREE KERALA VARMA COLLEGE
         THRISSUR
         , PIN - 680011
         BY ADVS.
         S.PRASANTH (AYYAPPANKAVU)
         VARSHA BHASKAR
         THRESSY THOMAS
         ANUPAMA SIBI


RESPONDENT/S:

    1    STATE OF KERALA
         THE CHIEF SECRETARY TO GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM
         , PIN - 695001
    2    THE PRINCIPAL SECRETARY TO GOVERNMENT
         HIGHER EDUCATION DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
    3    THE PRINCIPAL SECRETARY
         FINANCE DEPARTMENT,
         GOVERNMENT SECRETARIAT
         THIRUVANANTHAPURAM
         , PIN - 695001
    4    THE DIRECTOR
         DIRECTORATE OF COLLEGIATE EDUCATION,
         6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P O
         THIRUVANANTHAPURAM
         , PIN - 695033
    5    THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
         PALACE ROAD, GOVT. TRAINING COLLEGE COMPOUND,
                                           -2-
W.P.(C). No. 2663 of 2023



                THRISSUR
                , PIN - 680020
       6        THE MANAGER
                CORPORATE MANAGEMENT OF SREE KERALA VARMA
                COLLEGE, THRISSUR AND SECRETARY, COCHIN DEVASWOM
                BOARD.
                THRISSUR
                , PIN - 680011
       7        THE PRINCIPAL
                SREE KERALA VARMA COLLEGE,
                THRISSUR
                , PIN - 680011
       8        UNIVERSITY OF CALICUT
                REPRESENTED BY ITS REGISTRAR,
                THENHIPALAM, MALAPPURAM
                , PIN - 673635
                ADV. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
                ADV. P.C. SASIDHARAN, SC, CALICUT UTY.
OTHER PRESENT:

                SRI.V.K. SUNIL, GP


        THIS       WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON        27.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         -3-
W.P.(C). No. 2663 of 2023



                                    SATHISH NINAN, J.
                                  ================================================

                                  W.P.(C) No.2663 of 2023
                            =============================================================

                   Dated this the 27th day of January, 2023

                                            JUDGMENT

The petitioner is working as Assistant Professor in the Sree Kerala Varma College, Thrissur. He is aggrieved by the non consideration of his prior approved service in another aided college, for the purpose of fixation of pay and increments. He has submitted Ext.P7 representation before the 4th respondent which is pending consideration.

2. The petitioner claims that, based on G.O.(Rt) No.125/2020/H.Edn, in the case of similarly situated persons the prior service was directed to be taken into reckoning. The petitioner also relies on Clause 4 of Statute 23 of Chapter 2 of the Calicut University (Conditions of Service of Teachers and Members of Non-teaching Staff) First Statutes, 1979.

-4- W.P.(C). No. 2663 of 2023

3. After having heard the learned counsel on either sides, it is deemed appropriate that the issue be considered initially by the appropriate authority.

4. Accordingly, this writ petition is disposed of directing the appropriate authority among respondents 2 and 4 to consider Ext.P7 representation, after affording an opportunity of hearing to the petitioner, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. sd/-

SATHISH NINAN JUDGE das -5- W.P.(C). No. 2663 of 2023 APPENDIX OF WP(C) 2663/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.F/7186/2010 DATED 22-12-2010 ISSUED BY THE SECRETARY, NSS COLLEGES CENTRAL OFFICE Exhibit P2 A TRUE COPY OF THE ORDER NO.

GAII/C3/555/2011 DATED 03-08-2011 ISSUED BY THE REGISTRAR, UNIVERSITY OF CALICUT Exhibit P3 A TRUE COPY OF ORDER NO. H.5686/2011 DATED 15-02-2012 ISSUED BY THE MANAGER, OFFICER OF THE COCHIN DEVASWOM BOARD Exhibit P4 A TRUE COPY OF MEMO NO.

G2/ESTT/195/2012 DATED 16-02-2012 ISSUED BY THE PRINCIPAL, NSS COLLEGE, NENMARA Exhibit P5 A TRUE COPY OF U.O NO. 3485/2013/CU DATED 29-08-2013 ISSUED BY THE ASSISTANT REGISTRAR, UNIVERSITY OF CALICUT Exhibit P6 A TRUE COPY OF ORDER NO. H.8605/14 DATED 19-09-2014 ISSUED BY THE SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 5-02-2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE COVERING LETTER DATED 5-02-2021 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P9 A TRUE COPY OF THE G.O. (RT) NO.125/2020/H.EDN DATED 23-01-2020 ISSUED BY THE 1ST RESPONDENT

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