Dr. Binu Thomas vs State Of Kerala on 5 February, 2019

[Cites 0, Cited by 0]

Kerala High Court

Dr. Binu Thomas vs State Of Kerala on 5 February, 2019

Bench: A.Muhamed Mustaque

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

     TUESDAY, THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

                      WP(C).No.14886 of 2018

PETITIONER/S:
       1      DR. BINU THOMAS, NELLICKATHERUVIL HOUSE,PARATHODE
              P.O,KANJIRAPALLY, KOTTAYAM-686512,WORKING AS LECTURER
              SELECTION GRADE, MARIAN COLLEGE, KUTTIKANAM.

      2      DR.THOMAS K.V., KALLAMPALLY HOUSE, PALAMPRA P.O,
             KANJIRAPALLY, KOTTAYAM-686512,WORKING AS LECTURER
             SELECTION GRADE, MARIAN COLLEGE, KUTTIKANAM.

      3      DR.M.V.SURESH, MANNAT HOUSE, VELLIYARA.P.O,
             AYOOR,PATHANAMTHITTA-689612.WORKING AS LECTURER
             SELECTION GRADE,NSS HINDU COLLEGE,CHANGANASSERY.

             BY ADV. SRI.GEORGEKUTTY MATHEW

RESPONDENT/S:
       1      STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2      THE UNIVERSITY GRANTS COMMISSION(UGC),
             REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR
             MARG, ITO, METRO GATE NO.3, NEW DELHI-110002.

      3      THE MAHATMA GANDHI UNIVERSITY,
             REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS,
             ATHIRAMPUZHA.P.O, KOTTAYAM-686560.

      4      THE DIRECTOR OF COLLEGIATE EDUCATION
             'VIKAS BHAVAN', THIRUVANANTHAPURAM-695001.

      5      THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
             KOTTAYAM-686001.

             BY ADVS.
             SRI.S.KRISHNAMOORTHY, CGC
             SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
             BY GOVERNMENT PLEADER, SRI.B.UNNIKRISHNA KAIMAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14886/2018                  2

                                 JUDGMENT

The petitioners are presently working as Lecturers (Selection Grade) in the colleges under the third respondent University. The matter is related to completion of Refresher/Orientation Courses. The University Grants Commission (UGC) extended time to complete such courses upto 31.12.2018. This was pending writ petition. Consequently, the University also extended time upto 31.12.2018.

In that view of the matter, necessary action shall be taken to refix the scale of pay under the UGC scheme, at any rate, within two months. The Colleges in which the petitioners are working shall take necessary steps in this regard without any delay. The University and the Government shall take necessary action based on the proposal within an outer limit of four months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.14886/2018 3 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF GOVERNMENT ORDER G.O.(P)NO.171/99/H.EDN.DATED 21/12/1999.

EXHIBIT P2 TRUE COPY OF EXTENSION ORDER DATED 07/12/2012 ISSUED BY THE 2ND RESPONDENT UGC.

EXHIBIT P3 TRUE COPY OF THE CLARIFICATION LETTER DATED 23/01/2009 ISSUED BY THE 2ND RESPONDENT UGC TO THE HIGHER EDUCATION DEPARTMENT OF MANIPUR.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE UNIVERSITY DATED 25/09/2014.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 31/08/2016 ISSUED BY THE 3RD RESPONDENT UNIVERSITY APPROVING PROVISIONALLY THE PROMOTION OF 1ST PETITIONER WITH EFFECT FROM 01/06/2009.

EXHIBIT P5(A) TRUE COPY OF THE ORDER DATED 31/08/2016 ISSUED BY THE 3RD RESPONDENT UNIVERSITY APPROVING PROVISIONALLY THE PROMOTION OF 2ND PETITIONER WITH EFFECT FROM 16/01/2009.

EXHIBIT P5(B) TRUE COPY OF THE ORDER DATED 31.08.2016 ISSUED BY THE 3RD RESPONDENT UNIVERSITY APPROVING PROVISIONALLY THE PROMOTION OF 3RD PETITIONER WITH EFFECT FROM 30/07/2016.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 04/06/2017 FROM THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 1ST PETITIONER.

EXHIBIT P8(A) TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 1ST PETITIONER.

EXHIBIT P9 TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 2ND RESPONDENT PETITIONER.

WP(C).No.14886/2018 4

EXHIBIT P9(A) TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 2ND PETITIONER.

EXHIBTI P10 TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 3RD PETITIONER.

EXHIBIT P10(A) TRUE COPY OF THE CERTIFICATE EVIDENCING THE PARTICIPATION OF SEMINARS AND PRESENTATION OF PAPERS BY THE 3RD PETITIONER.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 13/11/2017 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT 12 TRUE COPY OF THE REPRESENTATION DATED 13/11/2017 FILED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 29/06/2017 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY// P.A.TO JUDGE

Unlock Advanced Research with PRISMAI

Kerala High Court