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Kerala High Court

Stateof Kerala vs Sam Alexander on 2 November, 2009

Author: Antony Dominic

Bench: Antony Dominic

        

 
IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                                     PRESENT:

                         THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
                                                            &
                          THE HONOURABLE MR. JUSTICE A.HARIPRASAD

             WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938

                                             WA.No. 1287 of 2010 ( )
                                                 ------------------------
  AGAINST THE ORDER/JUDGMENT IN WP(C) 20993/2009 of HIGH COURT OF KERALA
                                                  DATED 2.11.2009

APPELLANT(S)/RESPONDENTS 3 & 4 IN WPC:
-------------------------------------

        1. STATEOF KERALA, REP.BY THE PRINCIPAL
           SECRETARY TO GOVERNMENT, HIGHER EDUCATION
           DEPARTMENT,GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

        2. THE DIRECTOR OF TECHNICAL EDUCATION,
            KERALA STATE,THIRUVANANTHAPURAM.

                BY SR GOVERNMENT PLEADER SRI.P.FAZIL

RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2 IN WPC:
----------------------------------------------------

        1. SAM ALEXANDER,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        2. N.SAVITHRI,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        3. SARA OOMMEN,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        4. K.A.MEETHIAN,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        5. S.NAZARUDEEN,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        6. G.ROYSON,LECTURER SELECTION GRADE,
           DEPARTMENT OF MATHEMATICS,T.K.M.COLLEGE OF
           ENGINEERING, KOLLAM 691 001.

        7. UNION OF INDIA,MINISTRY OF HUMAN
           RESOURCE DEVELOPMENT,(DEPARTMENT OF EDUCATION),,
           NEW DELHI,REP. BY ITS DIRECTOR.

        8. UNIVERSITY GRANTS COMMISSION,BEHADUR
           SHAH ZAFAR MARG, NEW DELHI-110 002,, REP.BY ITS SECRETARY.

                     R1 TO R6 BY ADV.SRI.B.MOHANLAL
                     R8 BY SRI.S.KRISHNAMOORTHY,SC.

            THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-03-2016, ALONG
WITH WA.1732/10 & 1684/10, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



          ANTONY DOMINIC & A. HARIPRASAD, JJ.
          -----------------------------------
          W.A.Nos.1287, 1684 & 1732 of 2010
          -----------------------------------
         Dated this the 30th day of March, 2016


                          JUDGMENT

Antony Dominic, J.

The captioned writ appeals are filed against the judgments of the learned single Judge in W.P(C). Nos.20993/09, 23917/03 and 12663/09 respectively. By the judgments under appeal, the writ petitions were disposed of following the judgment in W.P(C). 18955/09, which was disposed of following the judgment in W.A.1394/08 and connected cases. Judgment in W.A.1394/08 and connected cases were reviewed and reopened by order dated 8.3.2012 in R.P.1096/09 and connected cases. Thereafter, the appeals filed against the judgment in W.P(C). 18955/09, W.A.1394/08 and all connected cases were finally disposed of by a Division Bench of this Court by judgment dated 10.9.2012. By that judgment, the appeals were disposed of vacating the judgment of the learned single Judge and directing as follows:

". . . . . . We therefore allow the appeals by vacating the judgment of the learned Single Judge and by directing the appellants to give minimum WA.1287/10 & con. cases 2 pay of Rs.14940/- to all the Selection Grade Lecturers/Readers who were in that grade as on 1.1.1996 or any date prior to that on completion of 5 years service in that grade by them."

In the light of the above, these appeals are disposed of directing that the case of the petitioners in the writ petitions against which these appeals are filed will also be dealt with in terms of the judgment of the Division Bench in W.A.1394/08 and connected cases. Appeals are disposed of accordingly.

Sd/-

ANTONY DOMINIC, Judge.

Sd/-

A. HARIPRASAD, Judge.

kkb.

/True copy/ PS to Judge