Kerala High Court
K.V.Venugopalan Nair vs State Of Kerala on 7 October, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 25TH DAY OF OCTOBER 2017/3RD KARTHIKA, 1939
WP(C).No. 34149 of 2016 (P)
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PETITIONER:
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K.V.VENUGOPALAN NAIR
LAB ASSISTANT (RTD),
V.T.M.N.S.S. COLLEGE,
CHANUVACHAPURAM RESIDING AT
THUNDATHATTIL PUTHEN VEEDU,
ARAYOOR P.O.,
AMARAVILA, NEYYATTINKARA.
BY ADVS.SRI.T.P.DEYANANTHAN
SRI.A.V.RAMAKRISHNA PANICKER
SRI.S.KRISHNALAL
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN 695 001.
2. DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
3. REGIONAL DY.DIRECTOR OF COLLEGIATE EDUCATION
KOLLAM - 691001.
4. GENERAL SECRETARY
NSS COLLEGE CENTRAL COMMITTEE,
CHANGANACHERRY - 686102, KOTTAYAM.
R4 BY ADV. SRI.P.GOPAL
R4 BY ADV. SRI.B.MURALEEDHARAN
R3 BY ADV. GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25-10-2017, ALONG WITH WPC. 34429/2016, WPC. 36810/2016, WPC.
36811/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34149 of 2016 (P)
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APPENDIX
PETITIONERS' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF THE STATEMENT DT.NIL.
EXHIBIT-P2: TRUE COPY OF THE STATEMENT ESTT.E1-62416/84/COLL EDN
DT 28.8.1984.
EXHIBIT-P3: TRUE COPY OF THE TWO PHOTO COPY OF RELEVANT PORTION OF
STATUTE 41 OF KERALA UNIVERSITY STATUTE 1979.
EXHIBIT-P4: TRUE COPY OF THE ORDER NO.KU/SPIO/RTI/1571-1580(I)
DATED 7.10.2013.
EXHIBIT-P5: TRUE COPY OF THE GO(P) NO.194/2015/G EDN DT 20.7.2015.
EXHIBIT-P6: TRUE COPY OF THE GL NO.756/D3/15/H EDN DT 28.3.2015.
EXHIBIT-P7: TRUE COPY OF THE ENDORSED NO.F2/42847/09/COLL EDN DT
14.3.2016.
EXHIBIT-P8: TRUE COPY OF THE ORDER NO.H-4178/2016 DT.9/5/2016.
EXHIBIT-P9: TRUE COPY OF THE LETTER DT.31.8.2016.
EXHIBIT-P10: TRUE COPY OF THE GOVT LETTER NO.19166/B3
1982/H.EDN.DATED 19.03.1994 AGAINST REVERSION.
EXHIBIT-P11: GL NO.D3/472/H.EDN DATED 5.4.2017
EXHIBIT-P12: TRUE COPY OF THE LETTER E4 43932/2016/CO11 EDN DATED
18.6.2017
RESPONDENTS' EXHIBITS
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NIL
/TRUE COPY/-
PA TO JUDGE
ANU SIVARAMAN, J.
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W.P.(C).Nos.34149,34429,36810
& 36811 of 2016
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Dated this the 25th day of October, 2017
JUDGMENT
1.The challenge in these writ petitions is against orders of the Educational Authority, Government as well as the University to the extent they provide for reversion of the petitioners herein from the post of Laboratory/Library Assistant held by them. It is submitted that the petitioners are the persons who have been appointed in the Colleges under the 4th respondent as Last Grade Servants in 1981,1982 and 1983 respectively. It is submitted that they were later promoted as Laboratory/Library Assistant. It is submitted that going by Statute 41(12) of the Kerala University (Conditions of Service of Teachers and Non teaching Staff) First Statute, 1979, the qualification and eligibility for appointment as Laboratory/Library Assistant was as follows:-
"41. Qualification for appointments:- The minimum qualifications for the various categories of non-teaching staff in private colleges shall be as follows:-
W.P.(C).No.34149/16 & con.cases 2 Posts Qualifications xxxxx xxxxxx
12)Laboratory Assistant/Library For appointment by transfer from members of Last Assistant Grade Staff and specimen collectors employed in the Private College/ Colleges.
1.Pass in Form III (Std VII new) or equivalent.
2.Pass in Attenders Test conducted by the Kerala Public Service Commission.
OR
(i)Five years regular service under Private Colleges.
(ii) Pass in Attenders Test conducted by the Kerala Public Service Commission:
*Provided that the last grade staff who possess the qualifications mentioned above excepting pass in Attander's test and who were either in service on 31-
3.1971 or who are in regular permanent service will be eligible for appointment in the order of seniority as Laboratory Assistants/Library Assistants. Their continuance as Laboratory Assistants/Library Assistants shall however be subject to their passing in one of the five consecutive Attander's Test conducted by the Kerala Public Service Commission for the last grade staff' and speciman collectors of the Private Colleges. Such of those who remain unqualified in the Attander's test even after five consecutive chances shall be reverted to their original posts and those who entered in service prior to 1-9-1972 shall be exempted from passing the Attenders test:
Provided further that those who have been appointed as Laboratory Assistants/Library Assistants before 1671-1975 by direct recruitment by the Educational Agencies concerned for want of qualified hands for promotion from among the last grade servants shall continue as such subject to the condition that they pass the eligibility test which the Kerala Public Service Commission may conduct in accordance with such orders as the Government may issue.
W.P.(C).No.34149/16 & con.cases 3
2.It is stated that the petitioners had not acquired the qualification of pass in Attender's test. The petitioners contend that the Kannur University had taken steps for granting exemption to those Laboratory/Library Assistants who had completed 50 years of the age from passing the Attender's test.
A communication dated 07.10.2013 addressed by the University in reply to a query under the Right to Information Act, would evidence this aspect. It is submitted that in the Higher Secondary Department of the State Government also an order was issued by the Government as G.O.(MS) No.194/2015/G.Edn. dated 20.07.2013 providing for grant of exemption to persons working as Laboratory/Library Assistants and who have completed 50 years of age from passing the Attender's test. However, it is stated that the Government, by communication dated 28.03.2015, had directed that all those persons working in the post of Laboratory/Library Assistant who have not acquired the qualification of Attender's test within the five chances as specified in the First Statutes should be reverted. In the above circumstances, it is contended that the 4th respondent had issued proceedings No.H-4178/2016 dated 9.5.2016 reverting the petitioners as Last Grade W.P.(C).No.34149/16 & con.cases 4 Servants. Challenging the said order of reversion, the petitioners have approached this Court.
3.A counter affidavit has been filed on behalf of the 3rd respondent in W.P.(C).No.34149/16 contending that the petitioners were not qualified in accordance with the First Statutes for continuing in the post of Laboratory/Library Assistant. It is therefore stated that since the provision for exemption from test qualification to persons who have completed 50 years of age had not been incorporated by amending the First Statues, the petitioners are not entitled to continue in that post.
4.Heard learned counsel for the petitioners, learned Government Pleader and the learned counsel appearing for respondents 4 and 5.
5.On a perusal of the proceedings dated 09.05.2016 issued by the Management reverting the petitioners, it is clear that the petitioners had been reverted as Last Grade Servants, but they W.P.(C).No.34149/16 & con.cases 5 are allowed to continue as Laboratory/Library Assistants in the existing vacancies till further orders. The petitioners in W.P.(C).Nos.34149, 36810 and 36811 of 2016 had retired from service on attaining the age of superannuation on 31.5.2016. It is therefore apparent that in their cases they had continued in service as Laboratory/Library Assistant and had retired from service as such. In the case of the petitioner in W.P.(C).No. 34429 of 2016 also, it is stated that the said petitioner is due to retire from service on 31.10.2017. It is also not in dispute before me that no orders have been passed after Exhibit P8 revoking the permission granted for continuance of the petitioners in service as Laboratory/Library Assistant. It is therefore clear that the petitioners would also be entitled to pensionary benefits reckoning the pay drawn by them in the post of Laboratory/Library Assistant.
6. In the above view of the matter, I am of the opinion that no prejudice has been caused to the petitioners by the orders of reversion, since they were allowed to continue in the post of Laboratory/Library Assistant till the date of their retirement. W.P.(C).No.34149/16 & con.cases 6 The petitioners would therefore be entitled to all the benefits of such continuance against the post. It is also directed that the pensionary and other benefits due to the petitioners shall be calculated and disbursed to them without any further delay, at least within a period of three months from the date of receipt of a copy of this judgment.
These writ petitions are ordered accordingly.
Sd/-
Anu Sivaraman, Judge sj25/10/17