Kerala High Court
For Information Purpose Only vs Tojo Sebastian on 24 February, 2021
Author: Amit Rawal
Bench: Amit Rawal
WP(C) 17571/2019 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday,the 24th day of February 2021/5th Phalguna, 1942
WP(C) No.17571/2019
For information purpose only
PETITIONER
1. TOJO SEBASTIAN,,AGED 44 YEARS
(DEMONSTRATOR/WORKSHOP INSTRUCTOR(ELECTRONICS),S/O K M
DEVASIA, KALATHIMATTAM, THUMBASSERY, KODATHIPADY,
ETTUMANOOR, KOTTAYAM, KERALA-686631.
2. BAIJU E.N,
(DEMONSTRATOR/WORKSHOP INSTRUCTOR(ELECTRONICS),S/O K
NARAYANAN NAIR, EDAKKAT, ATHOLI, KOZHIKODE,KERALA-673 315.
3. DEEPU JOSEPH,
(DEMONSTRATOR/WORKSHOP INSTRUCTOR(ELECTRONICS),C/O
ASHAVARGHESE, PUTHENPURACKAL HOUSE, PUTHUPPALLY,
KOTTAYAM, KERALA-686 011.
4. SAJITHA V,
(DEMONSTRATOR/WORKSHOP INSTRUCTOR(ELECTRONICS),W/O
JITHESH GANGADHARAN, SUNNY SIDE(H), NAMBIDIPARAMBATHU,
PALAZHI-PALA, G.A COLLEGE P.O.KOZHIKODE, KERALA,673 014.
5. AJITHKUMARI P,
(DEMONSTRATOR/WORKSHOP INSTRUCTOR(ELECTRONICS),C/O SHAJI
E.K, ELLATHUVELI, KARIKKADU P.O.THANNEERMUKKOM
S.O.ALAPPUZHA, KERALA-688 527.
RESPONDENT
1. INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,
REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTACAUD,
THIRUVANANTHAPURAM,KERALA,INDIA-695 014.
2. DIRECTOR,
INSTITUTE OF HUMAN RESOURCE DEVELOPMENT, PRAJOE TOWERS,
VAZHUTACAUD, THIRUVANANTHAPURAM, KERALA, INDIA-695 014.
Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to direct 1st and
2nd respondents to promote petitioners provisionally to the post of Lecturer
Electronic Engineering in different Model Poly Technic Colleges which is now
engaged by temporary hands subject to the outcome of writ petition .
WP(C) 17571/2019 2/5
This petition coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C) and upon hearing the arguments of SRI.E.ADITHYAN,
Advocate for the petitioner and of SRI. DEEPU THANKAN, Advocate for the
respondents, the court passed the following:
For information purpose only
WP(C) 17571/2019 3/5
AMIT RAWAL, J.
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WP(C) No.24820 of 2012, WP(C) No.4179 of 2018 (V) & WP(C) No.17571 of 2019 (V)
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Dated this the 24th day of February 2021
For information purpose
ORDE R only
It is a classic case of dereliction on the part of the Director of the Institute of Human Resource Development (IHRD), Thiruvananthapuram as well as the 4th respondent that despite adoption of UGC Special Rules of IHRD dated 20.08.2014 regarding extension of bifurcation to the College of Applied Sciences to pass on the benefit of internal selection despite existence of certain category of posts, issued the impugned order Ext.P11 dated 09.05.2019 (W.P(C).17571/19) rejecting the representation of the petitioners which reflects that steps shall be initiated to bifurcate the College of Applied Science and Model Polytechnic Colleges.
Sri.Deepu Thankan, representing the respondents was specifically asked to demonstrate from the counter affidavit as to the steps taken and when was the request to the Government has been submitted; but neither the reply says any answer nor any instructions have been passed on to him. It appears that the respondent Institute has adopted a most lackadaisical and tardy approach in initiating the action. This Court deems it appropriate to summon the Director personally appear in the Court and explain what steps after the passing of the impugned order way back in 09.05.2019 though the bifurcation was recommended in 2014 have been taken. He is directed to file an affidavit in this regard to explain after examination of the file as to the delay caused till 2021. The writ petition is deferred to 26.02.2021 at 2.pm for physical hearing and the Director of Institute of Human Resource Development, Prajoe towers, Thiruvananthapuram is directed to be present in Court. At this stage, Sri.Deepu Thankan submits that the father of the director expired yesterday. Keeping in view the facts and circumstances, I defer WP(C) 17571/2019 4/5 the appearance of the Director by 05.03.2021.
Post these matters on 05.03.2021 at 2 pm for physical hearing.
Sd/-
AMIT RAWAL,JUDGE For information purpose only nak /true copy/ Sd/-
ASSISTANT REGISTRAR WP(C) 17571/2019 5/5 EXHIBIT P11 - TRUE COPY OF THE REPLY OF THE SECOND RESPONDENT DATED 9TH MAY 2019 For information purpose only