Kerala High Court
Vinod V vs University Of Kerala on 8 September, 2020
Author: P.V.Asha
Bench: P.V.Asha
W.P(C).No.1366/2018 & c/cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.1366 OF 2018(U)
PETITIONERS:
1 VINOD V.
AGED 40 YEARS, S/O.K.VISWAMBHARAN, SELECTION GRADE
ASSISTANT M & C II SECTIION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.RESIDING AT 3F,
TOWER-6, ASSET SIGNATURE, MENAMKULAM, KAZHAKKOOTAM,
THIRUVANANTHAPURAM-695582.
2 SUJEENDRA Y.S.
AGED 41 YEARS, S/O.G.SURENDRAN, ADMINISTRATIVE
OFFICER, DEPARTMENT OF AQUATIC BIOLOGY, UNIVERSITY
OF KERALA, KARYAVATTOM, THIRUVANANTHAPURAM-695581,
RESIDING AT SURABHI, VADAKKEKOTTA,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695121.
3 MANJUSHA R.
AGED 38 YEARS, W/O.B.MURALI, SELECTION GRADE
ASSISTANT, EEII H SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.RESIDING AT FLAT
NO.III, JOURNALIST COLONY, NCC NAGAR, PEROORKADA,
THIRUVANANTHAPURAM-695005.
4 JITHA V.L.
AGED 36 YEARS, W/O.SANAL D.PREM,SECTION OFFICER, EF
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034,RESIDING AT 'SAJITHA' TC
3/703(3, SGRA-59, TKD ROAD, MUTTADA
P.O.,THIRUVANANTHAPURAM-695025.
5 AYSHA N.
AGED 43 YEARS, W/O.SAJU S., SELECTION GRADE
ASSISTANT, AC.AIII SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034, RESIDING AT
ANESS, PARIPALLY P.O., KOLLAM-691574.
6 RAJANI R.
AGED 36 YEARS, W/O.PRADEEP P., SELECTION GRADE
ASSISTANT, EB VIII SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034,RESIDING AT
MYLAMOOTIL VEEDU, VATTATHAMARA P.O., KADAKKAL,
KOLLAM-691 536.
W.P(C).No.1366/2018 & c/cases 2
7 RADHA DEVI S.
AGED 46 YEARS, W/O.JAYACHANDRAN K.,SELECTION GRADE
ASSISTANT, AD. BI SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034,RESIDING AT
T.C.17/2178, ANJANAM, POOJAPPURA,
THIRUVANANTHAPURAM-695012.
8 SREEJAMOL P.
AGED 36 YEARS, D/O.V.MOHANADAS, RESIDING AT
DHANUSREE, PURAVOOR, CHIRAYINKEEZHU P.O.,
THIRUVANANTHAPURAM-695304.
BY ADVS.
SRI.P.NANDAKUMAR
SRI.S.ANEESH
SMT.AMRUTHA SANJEEV
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.
2 THE VICE CHANCELLOR
UNVIERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
3 DR.P.K.RADHAKRISHNAN
VICE CHANCELLOR, UNVIERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
4 LYN JAMES
SECTION OFFICER, CBCSS LAB, UNVIERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
5 AJINA A.MOHAMMAD
SECTION OFFICER, EJ IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
6 LEENA JOHN
SECTION OFFICER, CASH IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
7 JOSE VARGHESE
SECTION OFFICER, AD. A VI SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
8 ANUPAMA P.S.
SECTION OFFICER, AC.E V SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 3
9 BINI M.B.
SECTION OFFICER, AC. C SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
10 PREETHA S.
SECTION OFFICER, ACCOUNTS II SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
11 ABHILASH T.R.
SECTION OFFICER, LEGAL ADVISOR'S SECTION,
UNVIERSITY OF KERALA,PALAYAM,
THIRUVANANTHAPURAM-695034.
12 SUNU SATHYANATHAN
SECTION OFFICER, EE II A SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
13 YUSEPH M.A.
SECTION OFFICER, CASH COUNTER, UNVIERSITY OF
KERALA, KARIYAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581.
14 SREEJITH M.P.
SECTION OFFICER ED, UNVIERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
15 BINDU L.A.
SECTION OFFICER, ED IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
16 JAYA SUDHA R.P.
SECTION OFFICER, EE II G SECTION,UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
17 ADARSH T.H.
SECTION OFFICER, DEPARTMENT OF EDUCATION,
UNVIERSITY OF KERALA, THYCAUD,
THIRUVANANTHAPURAM-695014.
18 SREENATH S.
SECTION OFFICER, EB IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
19 BUSHARA F.
SECTION OFFICER, EE V SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
20 AJAY D.N.
SECTION OFFICER, AC. L SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 4
21 RAJANIKANTH
SECTION OFFICER, EG XI B SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
22 DEVIKA NATH R.
SECTION OFFICER, AUDIT IA SECTION, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
23 ABHILASH R.V.
SECTION OFFICER, ASC, UNIVERSITY OF
KERALA,KARIYAVATTOM CAMPUS, THIIRUVANANTHAPURAM-
695581.
24 ANIL KUMAR D.
SECTION OFFICER, NSS SECTION, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
25 SAJUMAL T.S.
SECTION OFFICER, EG I SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
26 REJANI PRAKASH R.
SECTION OFFICER, CAMP AUDIT, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
27 RANJINI R.
SECTION OFFICER, EF II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
28 SHANI S.
SECTION OFFICER, AC F II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
29 SHIBI R.
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
30 SEREEJITH G.S.
SECTION OFFICER, ADDL. BIV (CP) SECTION, UNVIERSITY
OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
31 BEENA S.G.
SECTION OFFICER, M & C II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
32 RENJITH SEKHAR R.
SECTION OFFICER, QPR SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 5
33 SOUMYA S.
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
34 NAZEERA BEEVI H.
SECTION OFFICER, SDE ACAD II SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.
35 ADDL.R35 : JAFFAR KHAN T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.
36 ADDL.R36 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.
(ADDL.R35 AND R36 ARE IMPLEADED VIDE ORDER DATED
12/10/2018 IN IA.02/2018)
R1, R19 BY ADV. S.AHAMEDU KABEER
R1 BY ADV. SRI.VINU RAJ
R1-2, R25 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SRI.S.A.ANAND
R1, R3, R30 BY ADV. SRI.ALEX.M.SCARIA
R1 BY ADV. SMT.L.ANNAPOORNA
R1 BY ADV. SRI.K.A.BALAN
R1, R5 BY ADV. SRI.V.MADHUSUDHANAN
R1 BY ADV. SRI.E.M.MURUGAN
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SRI.P.RAHIM
R1 BY ADV. SMT.K.N.REMYA
R1 BY ADV. SMT.N.SANTHA
R1, R7 BY ADV. SRI.P.C.SASIDHARAN
R1 BY ADV. SMT.SARITHA THOMAS
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
R1 BY ADV. SRI.V.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).5731/2018(N), WP(C).8866/2018(G),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.5731 OF 2018
PETITIONERS:
1 AJINI KARAN
W/O. VAMADEVAN, ASSISTANT (SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC 14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.
2 BIJU M.L.
S/O. P.MADHAVAN NAIR, ASSISTANT (SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL.
3 BEENA L.
W/O. SURESH BABU V., SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM.
4 DIVYA DINESH
W/O. BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT "SIVAM",
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.
BY ADVS.
SRI.M.SREEKUMAR
SMT.V.P.SEEMANDINI (SR.)
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 7
2 THE VICE-CHANCELLOR
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
3 LYN JAMES
SECTION OFFICER, CBCSS LAB, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
4 AJINA A. MOHAMMAD
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
5 LEENA JOHN
SECTION OFFICER, CASH IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
6 JOSE VARGHESE
SECTION OFFICER, AD.A VI SECTION,UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
7 ANUPAMA P. S.
SECTION OFFICER, AC. E.V.SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
8 BINI M. B.
SECTION OFFICER, AC. C. SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.
9 PREETHA S.
SECTION OFFICER, ACCOUNTS II SECTION,
UNIVERSITY OF KERALA, PALAYAM,THIRUVANANTHAPURAM-
695034.
10 ABHILASH T. R.
SECTION OFFICER, LEGAL ADVISOR'S SECTION,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034.
11 SUNU SATHYANATHAN
SECTION OFFICER, EE II A SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.
12 YUSEPH M. A.
SECTION OFFICER, CASH COUNTER, UNIVERSITY OF
KERALA, KARIYAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581.
13 SREEJITH M. P.
SECTION OFFICER ED, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 8
14 BINDU L. A.
SECTION OFFICER, ED IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
15 JAYA SUDHA R. P.
SECTION OFFICER, EE II G SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
16 ADARSH T. H.
SECTION OFFICER, DEPARTMENT OF EDUCATION,
UNIVERSITY OF KERALA, THYCAUD, THIRUVANANTHAPURAM-
695014.
17 SREENATH S.
SECTION OFFICER, EB IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
18 BUSHARA F.
SECTION OFFICER, EE V SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
19 AJAY D. N.
SECTION OFFICER, AC. L SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.
20 RAJANIKANTH
SECTION OFFICER, EG XI B SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
21 DEVIKA NATH R.
SECTION OFFICER, AUDIT IA SECTION,UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.
22 ABHILASH R. V.
SECTION OFFICER, ASC, UNIVERSITY OF KERALA,
KARIYAVATTOM CAMPUS, THIRUVANANTHAPURAM-695581.
23 ANIL KUMAR D.
SECTION OFFICER, NSS SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
24 SAJUMAL T. S.
SECTION OFFICER, EG I SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
25 REJANI PRAKASH R.
SECTION OFFICER, CAMP. AUDIT, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 9
26 RANJINI R.
SECTION OFFICER, EF II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
27 SHANI S.
SECTION OFFICER, AC. F II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
28 SHIBI R.
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
29 SREEJITH G.S.
SECTION OFFICER, ADDL. BIV (CP) SECTION, UNIVERSITY
OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
30 BEENA S.G.
SECTION OFFICER, M & C II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
31 RENJITH SEKHAR R.
SECTION OFFICER, QPR SECTION,UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
32 SOUMYA S.
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
33 NAZEERA BEEVI H.
SECTION OFFICER, SDE ACAD II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
34 ABHILASH S.
SECTION OFFICER, EA III SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
35 FAZEELA L.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
36 BABITHA SAIRA MATHEW
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
37 DEEPA SREEKANTAN G.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
38 ASHA B.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 10
39 RESHMI RAJAGOPALAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
40 SANGEETHA K. M.
ASSISTANT (SELECTION GRADE),UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
41 LINI D.L.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
42 PREETHI P.K.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
43 RAJEEV SUDHAKARAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
44 VINOD KUMAR S.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
45 RENJITH P.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
46 BINOY MATHEW
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
47 ARUNA GOPALAKRISHNAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
48 ADDL. R48: JAFFAR KHAN T.
SECTION OFFICER,
PLANNING D SECTION,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695034.
49 ADDL. R49: BIJAY KRISHNA T.S.M.,
SECTION OFFICER,
FINANCE III SECTION,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695034.
(ADDITIONAL R48 AND R49 ARE IMPLEADED AS PER ORDER
DATED 24/10/2018 IN IA NO.3/2018 IN WP(C) NO.)
W.P(C).No.1366/2018 & c/cases 11
5731/2018.
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
R1, R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SRI.S.A.ANAND
R1 BY ADV. SMT.L.ANNAPOORNA
R1 BY ADV. SMT.B.ANANJANA
R1 BY ADV. SRI.K.A.BALAN
R1, R4 BY ADV. SRI.V.MADHUSUDHANAN
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SMT.K.N.REMYA
R1 BY ADV. SMT.N.SANTHA
R1, R6 BY ADV. SRI.P.C.SASIDHARAN
R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
R1 BY ADV. SRI.V.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).8866/2018(G),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.8866 OF 2018
PETITIONER:
SREEJITH G.S.
S/O.V.SREEKUMARAN NAIR, AGED 44 YEARS,
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA,(RESIDING AT ANAND HOUSE, SRA 242,SASTHA
NAGAR,PANGODE,THIRUVANANTHAPURAM-695006.
BY ADVS.
SRI.ALEX.M.SCARIA
SMT.SARITHA THOMAS
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM UNIVERSITY.P.O-695034.
2 THE VICE CHANCELLOR
UNIVERSITY OF KERALA,PALAYAM,THIRUVANANTHAPURAM
UNIVERSITY.P.O.695034.
3 AJINI KARAN
W/O VAMADEVAN, ASSISTANT (SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC-14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695011.
4 BIJU M.L
S/O MADHAVAN NAIR, ASSISTANT (SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL-695101.
5 BEENA L
W/O SURESH BABU V, SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
W.P(C).No.1366/2018 & c/cases 13
THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM-695582.
6 DIVYA DINESH
W/O BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SIVAM'
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.
(ADDL.R3 TO R6 ARE IMPLEADED AS PER ORDER DATED
14/06/2018 IN IA.10577/2018)
7 MANEESH R
AGED 37 YEARS
S/O RAVI N, SECTION OFFICER AUDIT II, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034,
RESIDING AT M.K VILAS, AYIRAKUZHY P.O, CHITHARA,
THIRUVANANTHAPURAM-691559.
8 FRANCIS ANTONY
AGED 42 YEARS
S/O ANTONY V.E, SECTION OFFICER, FINANCE IV,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034, RESIDING AT 28-ASWATHY GARGENS,
AMABALATHARA, THIRUVANANTHAPURAM-695026.
9 BINU G
AGED 42 YEARS
S/O GOPALAPANICKER, SECTION OFFICER AUDIT III,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034, RESIDING AT MAYOORAM, THATTINNAKAM,
NALANCHIRA P.O., THIRUVANANTHAPURAM-695015.
(ADDL.R7 TO R9 ARE IMPLEADED AS PER ORDER DATED
10/07/2018 IN IA.12258/2018)
10 ADDL.R10 : JAFFAR KHAN T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.
11 ADDL.R11 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.
(ADDL.R10 AND R11 ARE IMPLEADED AS PER ORDER DATED
30/10/2018 IN IA.04/2018)
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
BY ADV. SRI.S.ANEESH
W.P(C).No.1366/2018 & c/cases 14
R1 BY ADV. SRI.P.NANDAKUMAR
R1 BY ADV. SRI.M.SREEKUMAR
ADVOCATE SRI S.P.ARAVINDAKSHAN PILLAI
SENIOR ADV. SRI.P.RAVINDRAN (R10 & R11)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.9290 OF 2018
PETITIONER:
1 SREENATH.S,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.
2. YUSEPH.M.A,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.
3. AJINA.A.MOHAMMED,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.
4. REJANI PRAKASH.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.
5. SHIBI.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.
6. RENJITH SEKHAR.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM - 695 034.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.T.ISSAC
SRI.V.MADHUSUDHANAN
SRI.B.UNNIKRISHNA KAIMAL
W.P(C).No.1366/2018 & c/cases 16
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPRUAM - 695 034.
2 THE VICE CHANCELLOR
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695034.
3 ANUPAMA V.T
SELECTION GRADE ASSISTANT, CONTROLLER OF
EXAMINATIONS BUILDING, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
4 AJINI KARAN
W/O VAMADEVAN, ASSISTANT(SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC 14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.
5 BIJU M.L
S/O P.MADHAVAN NAIR, ASSISTANT(SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL-695101.
6 BEENA L
W/O SURESH BABU V, SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM-695582.
7 DIVYA DINESH
W/O BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695 581, RESIDING AT 'SIVAM'
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.
8 GIREESH R.G.
AGED 42 YEARS,
S/O.G.RAVI, SECTION OFFICER, EJ-X, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM - 695034,
RESIDING AT KEMRA 31(A), KRISHNAGIRI, JAGATHY,
THIRUVANANTHAPURAM - 695014.
W.P(C).No.1366/2018 & c/cases 17
9 ADDL.R9 : JAFFARKHAN. T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.
10 ADDL.R10 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION,
UNIVERSTITY OF KERALA, THIRUVANANTHAPURAM-695 034.
11 ADDL.R11 : BIJUDAS. C.S
SECTION OFFICER, EGV SECTION, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.
12 ADDL.R12 : REMYA P.J
SECTION OFFICER, FINANCE II SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
13 ADDL.R13 : SINDHU P.S
SECTION OFFICER, ACCOUNTS VI B SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
14 ADDL.R14 : INDU V.G
SECTION OFFICER AUDIT I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
15 ADDL.R15 : KAVITHA V
SECTION OFFICER, ACCOUNTS V B SECTION, UNIVERSITY
OF KERALA, THIRUVANANTHAPURAM 695034.
16 ADDL.R16 : JAYARAJ J
SECTION OFFICER, PLANNING A I SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
17 ADDL.R17 : RAJESH S
SECTION OFFICER, DEPARTMENT OF MATHEMATICS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
18 ADDL.R18 : ASWATHY L.V
SECTION OFFICER, AD.BII SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
19 ADDL.R19 : DIVYA G.S
SECTION OFFICER, AD.B IV SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
20 ADDL.R20 : ABHILASH A.K
SECTION OFFICER, ELECTION SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
21 ADDL.R21 : DHANYA K
SECTION OFFICER, EH SECTION, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.
W.P(C).No.1366/2018 & c/cases 18
22 ADDL.R22 : SONA RANI A.S
SECTION OFFICER, DEPARTMENT OF LIBRARY AND
INFORMATION SCIENCE, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.
23 ADDL.R23 : BINDU E
SECTION OFFICER,CE'S SECTION-1,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
24 ADDL.R24 : ANISHA KUMARI R.S
SECTION OFFICER,DEPARTMENT OF BIO-CHEMISTRY,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
25 ADDL.R25 : MEERA D.N
SECTION OFFICER, ES IX SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
26 ADDL.R26 : SARIKA P.R
SECTION OFFICER, EE II L SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
27 ADDL.R27 : DEEPA FRANCES PRAKASH
SECTION OFFICER, AUDIT IV C SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
28 ADDL.R28 : MEENA S
SECTION OFFICER, EB I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
29 ADDL.R29 : SMITHA J.S
SECTION OFFICER, M AND C I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
30 ADDL.R30 : RAJI R
SECTION OFFICER, ES V SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
31 ADDL.R31 : SARITHA J.N
SECTION OFFICER, EE II J SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
32 ADDL.R32 : ANEES M.A
SECTION OFFICER, DEPARTMENT OF LAW, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
33 ADDL.R33 : NISHA A
SECTION OFFICER, EB V SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
W.P(C).No.1366/2018 & c/cases 19
34 ADDL.R34 : SMITHA S NAIR
SECTION OFFICER, DEPARTMENT OF OPTO-ELECTRONICS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.
35 ADDL.R35 : SARA SUSAN ABRAHAM
SECTION OFFICER, EG VI B SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
(ADDL.R9 TO R35 IS IMPLEADED AS PER ORDER DATED
12/09/2018 IN IA.12/2018)
36 ADDL.R36: SREEJITH.K.G
AGED 39 YEARS, SON OF G.GOPALAN PILLAI,
SREENILAYAM,VETTIYARA P.O., NAVAIKULAM,
THIRUVANANTHAPURAM-695 603.
(ADDL.R36 IS IMPLEADED AS PER ORDER DATED 19-06-
2020 IN IA 3/19 IN THE WP(C))
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
BY SENIOR ADV.V.P.SEEMANDINI
BY ADV. SRI.M.R.ANISON
BY ADV. SRI.S.ANEESH
BY ADV. SMT.K.P.GEETHA MANI
BY ADV. SRI.P.NANDAKUMAR
BY ADV. SMT.P.A.RINUSA
BY ADV. SRI.M.SREEKUMAR
BY ADV. SRI.J.G.SYAMNATH
BY ADV. SREEDHAR RAVINDRAN
BY ADV. APARNA RAJAN
BY ADV. LAKSHMI RAMADAS
BY ADV. P.RAVINDRAN (SR.)
BY ADV. B.ASHOK SHENOY
BY ADV. SRI.K.V.GEORGE
BY ADV. SRI.P.N.RAJAGOPALAN NAIR
BY ADV. SRI.P.S.GIREESH
BY ADV. SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.4755 OF 2019(T)
PETITIONERS:
1 LYN JAMES,
AGED 35 YEARS
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
2 LEENA JOHN,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
3 S. PREETHA,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
4 T.R. ABHILASH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
5 M.P. SREEJITH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
6 R. DEVIKA NATH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
W.P(C).No.1366/2018 & c/cases 21
7 T.S.SAJUMAL,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
8 R. RENJINI,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
9 S.G. BEENA,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
10 H. NAZEERA BEEVI,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
RESPONDENTS:
1 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPURAM,
PIN - 695 034.
2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
3 ADDL.R3 : AJINI KARAN
W/O VAMADEVAN, SECTION OFFICER, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM 695 034,
RESIDING AT TC 14/1505-5, KANNAMMOOLA, MEDICAL
COLLEGE.P.O, THIRUVANANTHAPURAM.
W.P(C).No.1366/2018 & c/cases 22
4 ADDL.R4. BIJU.M.L
S/O P.MADHAVAN NAIR, SECTION OFFICER, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM 695 581,
RESIDING AT MALEE KSRA-68, NEAR V V CLINIC,
ATTINGAL.
ADDL.R3 AND R4 IMPLEADED AS PER ORDER DATED
21.05.2019 IN I.A.NO.1/19 IN W.P.(C) 4755/19.
R1-2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
BY ADV. M.SREEKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.6297 OF 2019(J)
PETITIONERS:
1 JOSE VARGHESE
AGED 48 YEARS
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
2 ANUPAMA.P.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
3 SONU SATHYANATHAN
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
4 BINDU.L.A.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
5 JAYASUDHA.R.P.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
6 ADARSH.T.H.
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
7 RANAJIKANTH.V.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
8 ABILASH.R.V.
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
9 SHANI.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
W.P(C).No.1366/2018 & c/cases 24
10 SOUMYA.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMUS ,
THIRUVANANTHAPRUAM-695 034.
2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA, UNIVERSITY CAMPUS,
THIRUVANANTHAPURAM-695 034.
3 AJINI KARAN
W/O.VAMADEVAN,
SECTION OFFICER,
UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPRUAM-695 034
RESIDING AT: TC.14/1505-5,
KANNAMOOLA, MEDICAL COLLEGE.P.O,
THIRUVANANTHAPRUAM.
4 BIJU M.L,
S/O.P.MADHAVAN NAIR,
SECTION OFFICER, UNIVERSITY OF KERALA,
KARIAVATTOM CAMPUS,
THIRUVANANTHAPRUAM - 695 581
RESIDING AT: MALEE, KSRA-68,
NEAR VV CLINIC, ATTINGAL.
(ADDITIONAL R3 AND R4 ARE IMPLEADED AS PER ORDER
DATED 21.5.2019 IN I.A.1/2019.)
R1-2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R3 BY ADV. M.SREEKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).4755/2019(T),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.4267 OF 2020(G)
PETITIONER:
SREEJITH,
AGED 39 YEARS,
S/.SHIVARAMA PILLAI V., KOIPALLIL HOUSE,
MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE,
WORKING AS ASSISTANT, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695 034.
BY ADVS.
SRI.B.RENJITHKUMAR
SMT.JISHA P.C.
RESPONDENT:
UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR PALAYAM,
THIRUVANANTHAPURAM - 695 034.
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).4755/2019(T),
WP(C).6297/2019(J), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 26
P.V.ASHA, J.
----------------------------------------
W.P(c) No.1366/2018, 5731/2018, 8866/2018,
9290/2018, 4755/2019, 6297/2019 and 4267 of 2020
---------------------------------------------
Dated this the 8th day of September, 2020
JUDGMENT
The dispute in these Writ Petitions is with respect to the requirement of pass in Departmental test for promotion from the post of Assistants in Kerala University. The petitioners in all these cases were selected and appointed by the very same process of selection based on a select list published in the year 2008. Their selection was under challenge before this Court in W.P(C).No.37082 of 2007 and also before the Lok Ayukta. Due to the interim order passed by this Court on 30.06.2009 in W.P.(C) No.37082 of 2007 directing that none of the appointees shall be promoted until further orders pending disposal of the Writ Petition, none of them were granted promotion. As per judgment dated 21.02.2017 in W.P.(C) No.491 of 2012 and connected cases, this Court upheld their selection and directed the University to grant all the benefits to the appointees including promotion in preference to their juniors. University thereafter issued orders granting promotion to the cadre of Senior Grade Assistants, Selection Grade Assistants and Section Officers. Brief facts in each of the cases are the following: W.P(C).No.1366/2018 & c/cases 27 2. W.P(c).No.1366/2018
2.1. This Writ Petition was filed on 12.01.2018 aggrieved by the promotions granted to respondents 4 to 34 as Selection Grade Assistants and as Section Officers in preference to them. They are challenging Ext.P1 order dated 23.02.2017 and Ext.P2 order dated 16.08.2017, to the extent respondents 4 to 34 were granted promotion as Selection Grade Assistants in preference to them. They claimed that they had completed their probation in May/June, 2009 after passing the departmental tests in January, 2009 and they became eligible for promotion as Senior Grade Assistants in June 2009, as shown in Ext.P3 list. At the same time, even though the party respondents had passed the departmental tests only in July, 2009, as shown in Ext.P4 list, they were granted promotion as Section Officers overlooking the petitioners. Aggrieved by those promotions, the petitioners had submitted a representation before the Vice Chancellor on 27.02.2017. Thereupon the Vice Chancellor constituted an Anomaly Rectification Committee (ARC) comprising Joint Registrar, Administration, Joint Registrar (Finance), Deputy Registrar Administration I, Assistant Registrar Administration I and Section Officer, Finance III Section, in order to examine and report the anomalies. The ARC submitted Ext.P5 report to the Vice Chancellor on 17.05.2017 recommending to grant promotion to Assistants of 2008 batch to the cadre of Senior Grade w.e.f 03.12.2009 and to Selection Grade w.e.f 01.04.2011. The Vice Chancellor called for objections on the report to be submitted before 31.05.2017. After examining the objections the committee submitted a draft proposal on 28.06.2017; the Vice W.P(C).No.1366/2018 & c/cases 28 Chancellor on 06.07.2017 directed the committee to submit a comprehensive report after verifying all the available records. Thereafter, the ARC submitted Ext.P6 report on 10.8.2017, in which the promotions granted to respondents 4 to 34 in Exts.P1 and P2 orders were found to be wrong and therefore placed them in the list in accordance with the date on which they passed the departmental test. As no steps were taken to revise the promotions in tune with Ext.P6 report, the petitioners filed W.P(c).No.30240/2017 seeking directions to the University to promote the petitioners as Selection Grade Assistants with effect from the date of Ext.P1 in accordance with Ext.P6 report. This Court as per Ext.P7 judgment dated 13.10.2017 directed the University to call for and obtain objections against the report and to take a final decision within a further period of one month and to effect promotions without any further delay.
2.2. But the Vice Chancellor (who is personally impleaded as 3rd respondent), instead of implementing Ext.P6 report, sought for the opinion from the Legal Adviser of the University. The Legal Adviser opined that the date of vacancies should be unified considering the date of joining of the last incumbent of 2008 batch. Thereafter, Ext.P8 order was issued on 03.01.2018, revising the promotions, after unifying the date of occurrence of vacancy as 03.07.2010.
Petitioners submitted that due to unification of vacancies, respondents 4 to 34, who had acquired test qualification much after the petitioners, were enabled to retain their illegal promotions. The petitioners are therefore challenging Ext.P8 order dated 03.01.2018 pointing out that the promotions are granted without considering W.P(C).No.1366/2018 & c/cases 29 the date of occurrence of vacancies and the qualification of the Assistants as on the date of occurrence of vacancy, contrary to the settled law as laid down in the judgments of the Full Bench in James Mathew v. Chief Justice [1977 KLT 622], Varghese v. State of Kerala [1981 KLT 458], etc. The petitioners pointed out that the Committee had found that the petitioners, who got test qualified much before respondents 4 to 34 got qualified, were entitled to be promoted in preference to the party respondents taking note of their qualification as on the date of occurrence of vacancies. It is stated that as per statute 2, Chapter 4 of the Kerala University First Statute, 1977 the provisions under the KS&SSR as amended from time to time are applicable to the non teaching staff of the University. As per Rule 28(b)(iA )of Part II KS&SSR when a select list is prepared subsequent to the occurrence of vacancy, a person who was not qualified for inclusion in the select list at the time of occurrence of vacancy shall not be included in the select list and in case nobody was qualified at the time of occurrence of vacancy, then the person who gets test qualified first shall be promoted. Petitioners have also alleged that the 3rd respondent, who was holding the post of Vice Chancellor, had been showing undue favouritism towards respondents 4 to 34, in order to deny the legitimate right of the petitioners.
2.3. Respondents 4 to 34 have filed separate Writ Petitions challenging the subsequent proceedings. Respondents 18, 13, 5, 26, 29 and 32 have filed W.P.(C) No.9290 of 2018; respondents 4, 6, 10, 11, 14, 22, 25, 27, 31 and 34 have filed W.P.(C) No.4755 of 2019; respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 have W.P(C).No.1366/2018 & c/cases 30 filed W.P.(C) No.6297 of 2019 when another ARC was constituted by the successor Vice Chancellor and a list of eligible persons for promotion with reference to the date of acquisition of test qualification is prepared, based on that report, in which the petitioners in W.P.(C).No.1366 of 2018 were found eligible for promotion in preference to the party respondents.
3. W.P(C)No.5731 of 2018
3.1. Petitioners in this case also have passed the departmental tests much earlier and after examining their complaints the ARC had recommended their promotion in preference to those who acquired test qualification subsequent to them. Pointing out that vacancies were available at the time of their entry in service itself they claimed promotion as soon as they acquired the test qualification, irrespective of seniority. They alleged that as per order dated 23.02.2017, promotions were granted without applying the proviso to Rule 28(a)(i) of KS&SSR; the petitioners submitted representations before the Vice Chancellor; explaining the proceedings of the ARC and pointing out that the seniority was correctly assigned to them in the report dated 10.08.2017 of the ARC, the petitioners alleged that instead of accepting and acting upon the said recommendations in the reports dated 10.08.2017 and 04.11.2017, the University went on with promotions based on seniority alone. It was alleged that instead of granting promotions based on the reports, the Vice Chancellor sought legal opinion and on the basis of Ext.P7 legal opinion given without examining the relevant records, the University issued the order dated 03.01.2018, whereby the petitioners W.P(C).No.1366/2018 & c/cases 31 were brought down and those who acquired test qualification subsequent to them got promotion in preference to them. Pointing out that the syndicate had in the meeting held on 31.05.1963, as per Ext.P9 minutes, decided to make Ext.P8 order issued by the Government on 14.01.1963 applicable to the University, whereby an Assistant has to pass the account test lower and Secretariat manual test for probation and promotion. The petitioners alleged that in case all the relevant records were brought to the notice of the legal adviser, he would have supported the recommendations of the ARC to effect promotions from 22.05.2009, when the petitioners and others were having test qualification, etc. The petitioners are aggrieved by the proceedings pursuant to the legal opinion.
4. W.P.(C) No.8866 of 2018:
4.1. Respondent no.30 in W.P.(C) No.1366/2018, is the petitioner herein who is supporting the legal opinion and seeks directions to the University to take action in tune with the legal opinion stating that test qualification is not necessary for promotion.
5. W.P(c).No.9290/2018
5.1. The petitioners in this Writ Petition are respondents 18, 13, 5, 26, 29 and 32 respectively in W.P.(C).No.1366 of 2018, who were granted promotion as Section Officers. According to them, the University had, as per circular dated 01.10.2013, issued a provisional gradation list of non-teaching staff in the category of Assistants and above upto that of Joint Registrars as on 01.07.2013 and had called for objections to be reached on or before 31.10.2013. Thereafter, Ext.P2 W.P(C).No.1366/2018 & c/cases 32 final gradation list was published on 23.02.2017, after this Court upheld the selection as per common judgment dated 21.02.2017. The petitioners claimed that based on the said seniority list, promotions were granted to them and several others, as per Ext.P3 order dated 23.02.2017, as Senior Grade Assistants and Selection Grade Assistants and further promotion as Section Officers to 52 persons.
5.2. As several complaints were received against those promotions, the Vice Chancellor constituted an ARC to examine the complaints; ARC, after hearing all the parties, submitted Ext.P4 report dated 17.05.2017, recommending to postpone the date from which promotions were made to the post of Senior Grade Assistants from 22.5.2009 to 3.12.2009 stating that there was no exigency in service or public interest involved necessitating promotions on 22.05.2009, as contemplated in Statute 12 Part II Chapter 4 of the Kerala University First Statutes, 1977 and that promotions could be effected only w.e.f 03.12.2009 - the date on which the seniors were superseded by the juniors. It was also recommended that there should be a gap of one year from the date of promotion from Senior Grade to Selection Grade applying proviso to Rule 28(a)(i) of KS&SSR; various objections were submitted against the said report with respect to the date of occurrence of substantive vacancies, ratio to be maintained, requirement of test qualification for promotion, etc; the ARC submitted Ext.P5 final report to the Vice Chancellor on 10.8.2017 and that final report was made available for scrutiny and verification.
W.P(C).No.1366/2018 & c/cases 33
5.3. According to the petitioners, the ARC had recommended to promote several employees even before completion of the one year period of probation and for further promotions, while excluding several persons for the purpose of promotion. At that stage, petitioners 1 to 7 in W.P.(C) No.1366 of 2018 approached this Court filing W.P(c).No.30240/2017, seeking implementation of the recommendations in Ext.P5 report, when this Court issued time bound direction to the University to take a final decision in the matter and to effect promotions.
5.4. The Vice Chancellor thereupon referred the matter to the legal advisor for his opinion and the legal advisor opined that acquisition of test qualification cannot be insisted for probation or promotion, as no such tests were seen prescribed and no such provisions for the same were incorporated in the special rules in the schedule to the Kerala University First Ordinances, 1978. The Legal Adviser opined that promotions shall be granted reckoning the date of occurrence of vacancy as 03.07.2010, so that equal opportunity can be granted to all the Assistants of 2008 batch. Thereafter, the University issued Ext.P7 order on 03.01.2008 stating that as the last incumbent of the 2008 batch joined service on 03.07.2008, it would be proper to effect promotion by reckoning the date of occurrence of vacancy as on 03.07.2010, granting promotions to the post of Senior Gr.Assistants from 03.07.2010 onwards and to the post of Selection Grade Assistants from 03.07.2011 onwards. In the meanwhile, the petitioners in W.P(c).No.30240/2017 along with another filed W.P(C).No.1366 of 2018, seeking implementation of Ext.P5 report of the ARC and challenging any further action W.P(C).No.1366/2018 & c/cases 34 based on the legal opinion. This Court had passed an interim order staying all further promotions based on Ext.P7 proceedings.
5.5. Whileso the University issued Ext.P8 circular on 13.03.2018, stating that a new committee was constituted to examine the complaints received against the promotions ordered in Ext.P7 order, with reference to the service book, the date of passing departmental tests, the date of eligibility for promotion, etc. and that committee has prepared a list of Assistants to be promoted as Senior Grade and Selection Grade Assistants and also as Section Officers. All those who were promoted/reverted as per Ext.P7 order were directed to examine the list which was kept in the section and to file objections, if any, along with supporting documents, on or before 19.03.2018. As per the list annexed to the circular it was proposed to lower down the seniority of petitioners 1 and 2 in the post of Section Officers and to revert petitioners 3 to 6 from the post of Section Officers to that of Selection Grade Assistants.
5.6. Pointing out that the new ARC was constituted when the new Vice Chancellor took charge when the previous Vice Chancellor had already settled the matter, the petitioners approached this Court filing this Writ Petition at that stage challenging Ext.P8 circular dated 13.03.2018.
5.7. On 27.03.2018, this Court passed an interim order directing that finalisation of the proceedings based on Ext.P8 circular shall be made only after obtaining permission of this Court, while permitting the proceedings to go on. Thereafter, the ARC submitted its report and the matter was placed before the W.P(C).No.1366/2018 & c/cases 35 Standing Committee of the Syndicate on staff and Equipment and the Standing Committee recommended to accept the report. The Syndicate, in its meeting held on 10.05.2018 considered the matter and resolved to accept the recommendation, as per Ext.P11 minutes. Pursuant to the report of the new ARC and the decision of the syndicate, the University issued Ext.P12 list of employees proposed to be promoted.
5.8. According to the petitioners, Ext.P12 list of promotees is issued in violation of the interim order passed by this Court on 27.03.2018. The petitioners thereupon got the Writ Petition amended incorporating the challenge against Exts.P10 to P12. They are challenging Ext.P8 circular and Exts.P10 to P12 proceedings. According to the petitioners, Ext.P8 circular is issued in order to over-reach the direction in Ext.P6 judgment.
5.9. According to the petitioners, Ext.P7 proceedings have become final and constitution of another ARC was unnecessary; the resolution of the syndicate referred to in Ext.P10 report of the ARC, that the Government order dated 14.01.1963, prescribing Manual of Office Procedure and account test lower for promotion to higher post, was made applicable, cannot have any relevance once the Kerala University Act, 1974 was enacted repealing the earlier Act. After the Kerala University First Statutes, 1977 and the Kerala University First Ordinances, 1978 were promulgated prescribing the service conditions of the employees of the University, the resolution of the syndicate adopting the Government order would not have any effect, as there are specific provisions relating to the qualification, W.P(C).No.1366/2018 & c/cases 36 method of appointment, etc. of the Assistants in the Statutes as well as Ordinance. It is also their case that even the decision of the syndicate dated 30.03.1963 never formed part of the order. The petitioners are therefore challenging the Ext.P8 circular and Exts.P10 to P12 proceedings.
6. W.P.(C) No. 4755/2019
6.1. Respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 in W.P.C).No.1366 of 2018 are the petitioners. Petitioners, who are 10 in number, were working as Section Officers. In Ext.P1 gradation list they were ranked as Sl.Nos.36, 41, 58, 64, 77, 95, 117, 125, 142 and 152 respectively. In Ext.P2 final gradation list also their rank continued to be the same. Petitioners 1 to 6 were promoted as Section Officers and 7 to 10 were promoted as Selection Grade Assistants as per Ext.P3 order dated 23.02.2017. They were subsequently promoted as Section Officers; all of them completed their probation within a period of one year of their joining duty; all of them passed the departmental tests namely, Account test (lower/higher) and Secretariat Manual within a period of two years, though there is no requirement for the same for promotion. According to them, the promotions are to be made in accordance with seniority irrespective of the date of passing the departmental tests. 7. W.P.(C) No. 6297 of 2019
7.1. Petitioners are respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 in W.P.(C) No.1366 of 2018. They are assigned ranks between 14 and 85 in the gradation list. Petitioners 9 and 10 were promoted as Section Officers as per order dated 16.08.2017. Their claim is that promotion granted on the basis of seniority is W.P(C).No.1366/2018 & c/cases 37 not liable to be varied on the basis of date of acquisition of test qualification. As in the case of petitioners in W.P.(C) No.9290/2018 and W.P.(C) No. 4755/2019, the contention of the petitioners herein is also more or less similar. All of them submit that the seniority assigned to them in the final gradation list was never under challenge. According to them, passing the departmental test is not necessary for promotion from the post of Assistants, as there is no ordinance by which syndicate prescribed any test qualification and therefore they are entitled to be promoted on the basis of the seniority assigned in the final gradation list. Relying on the judgment in W.A.No.989/2008, they have stated even a resolution passed by the syndicate will not substitute the requirement of an ordinance for prescription of the departmental test. According to them, the decision taken by the syndicate on 11.07.2018 and the order passed by the University on 16.08.2018 to promote the Assistants as Senior Grade Assistants on the basis of the date of acquiring test qualification, are illegal. By those orders 162 Assistants were promoted as Senior Grade Assistants with effect from dates falling between 10.07.2009 and 20.08.2016. It is also their case that those promotions have been effected unsettling their settled seniority. According to them, the Government Order or general rules cannot be made applicable to the employees of the University as the service conditions are governed by independent statutes. All of them support the opinion tendered by Legal Adviser of the University and support the promotions granted as per order dated 03.01.2018 and challenge the constitution of a new ARC thereafter and the action taken based on the recommendations therein, to grant promotions W.P(C).No.1366/2018 & c/cases 38 based on the date of acquiring of test qualification.
7.2. The additional respondents who got impleaded in the aforesaid Writ Petitions have filed counter affidavits. Some of them have filed separate Writ Petitions also. According to them, it is necessary to have the test qualification. It is their contention that none of the petitioners had raised any contention that test qualification is not required in any of the representations or objections and it is for the first time that they raised such contention before this Court.
8. Counter Affidavit by the University:
8.1. In the counter affidavit filed in W.P(C).No.9290/2018 and 4755/2019, the University has stated the following: In the provisional gradation list as on 01.07.2013, published and circulated on 01.10.2013, those Assistants who joined in 2008 were included at sl.no.26 to 203 among the Assistants. Since all of them were continuing in the entry cadre because of the interim order in W.P(C).No.37082/2007, they were included on the basis of advice seniority with a rider that their appointment and seniority would be subject to the final disposal of W.P(C).No.37082/2007. Ext.P2 final gradation list was also published with the very same rider, in accordance with the same status as on 01.07.2013, when the Writ Petition was pending, after considering the complaints received and effecting corrections, but without considering whether they passed the departmental test or not. As per order dated 23.02.2017 promotions were granted to those whose probation was declared and had passed the departmental tests.
8.2. In view of the large number of complaints received against those W.P(C).No.1366/2018 & c/cases 39 promotions, the Vice Chancellor ordered that a committee be constituted to look into the complaints. That committee submitted its first report on 17.05.2017.
On directions of the Vice Chancellor to call for objections on it and to examine the same with reference to connected files, the ARC again examined the same and submitted another report on 28.06.2017. It is stated that the report was found to be vague; the objections against it and recommendations on it were not seen listed out or examined in the light of relevant rules, specific recommendations for clearing objections submitted and available records. The committee was again directed to submit a comprehensive report with specific recommendations for rectifying the anomalies, after considering all those objections, after verification of relevant records including those, based on which the initial proposal was made for promotion. Thereafter, the ARC submitted its report on 10.08.2017. Objections were called for on it and after considering the objection received against that report, the Vice Chancellor again directed the ARC to furnish clarifications on the objections. The ARC submitted its clarifications and recommended that legal opinion be obtained on the matter from the Legal Adviser. As the reports submitted by the ARC on different dates were contradictory and rival claims were made by the parties, the matter required careful examination; the University thereafter issued order dated 03.01.2018 in the light of the legal opinion and granted one month's time to the incumbents to submit their option for fixation; University examined about 50 complaints received against the order dated 03.01.2018 when it was found that the ARC had applied different yardsticks on different occasions for W.P(C).No.1366/2018 & c/cases 40 arriving at its conclusions. In those circumstances, the Vice Chancellor ordered constitution of a new committee to examine the objections. Thereafter, a new committee was constituted with senior officials from administration and financial wings; the new committee was directed to state the eligible date of promotion of the incumbents to various categories based on the relevant rules and publish a list after verifying the Service Books and ascertaining the actual date of passing the departmental tests. As directed, the new committee submitted a list of persons on 13.03.2018.
8.3. In view of the interim order passed in W.P.(C) No. 9290 of 2018 on 27.03.2018, final orders could not be passed pursuant to the report, while permitting further action on the basis of the report. The committee thereafter submitted its report on 24.04.2018 and the syndicate considered the same in its meeting held on 05.05.2018 and resolved to accept the report. It is stated that promotions are thereafter made after getting permission from this Court.
8.4. The petitioners in W.P(C).No.4755/2019 passed the Account Test only in January, 2009 and July, 2009. Their probation was declared after they completed one year's duty and thereafter they passed obligatory departmental test for probation. Probation of petitioners 1 to 4, 7, 9 and 10 was extended beyond one year from the date of joining since they had not acquired obligatory departmental test. They had not challenged the requirement of pass in the departmental tests for declaration of probation and the preparation of the list. The University had issued a circular calling for the details regarding the date of passing the test before W.P(C).No.1366/2018 & c/cases 41 9.6.2009 for publishing the list of Assistants who were qualified for the period upto and during December, 2008/January, 2009. Thereafter, as per circular dated.21.12.2010 a list of 152 Assistants was published including only those Assistants who had cleared the departmental test. At that time, the petitioners did not challenge the said list.
8.5. Regarding the staff structure of Assistants in the University, the requirement of test qualification, etc. the version of the University is the following:
As per Kerala University First Ordinances, 1978, there are 4 grades in the cadre of Assistants : Sl.No.18A - Selection Grade Assistant, Sl.No.19 - Senior Grade Assistant, Sl.No.20 - Assistant Grade I and Sl.No.21 - Assistant Gr.II. Ratio between the 4 grades is 1:1:1:1. Promotion to the post of Assistant Grade I is made from suitable Assistants Grade II on the basis of seniority and merit and pass in the prescribed tests as technical qualification; the cadre ratio was refixed as 1:1:1 as per pay revision order 2004 which was implemented by the University as per order 28.6.2006. No amendments were made to the University First Ordinance, 1978 in tune with the pay revision orders. When the ordinance was amended as per gazette notification dated 19.04.2013, qualification and method of recruitment against sl.no.21 - Assistant Gr.II were modified w.e.f 12.4.2013; but when it was approved by the senate in its meeting held on 21st and 22nd of February, 2017, it was specified that promotion to the post of Senior Grade Assistant is done from suitable Assistants on the basis of seniority and merit and pass in the prescribed tests and qualification; the post of Assistant Gr.I is deleted and Assistant Gr.II is W.P(C).No.1366/2018 & c/cases 42 renamed as Assistant in the amendment proposal. The University has forwarded the amendment proposal to the Chancellor on 04.04.2017. As per Statute 10 of Chapter 4 of Part II of the Kerala University First Statutes, 1977 the University employees shall be required to pass such departmental tests or examinations within such period as may be prescribed by the Syndicate within the period of probation.
The syndicate had in its meeting held on 31.05.1963 and 01.06.1993 resolved that G.O(P) No.22 dated 14.01.1963 ([Ext.R1(a)], would be made applicable to the University with effect from 14.01.1963. As per this order, for promotion to higher posts, pass in Secretariat Office Manual Test is required for declaration of probation and pass in Account Test lower also is required. As per Ext.R1(b) resolution, the syndicate had resolved to make the said order applicable to the University employees. It is stated that Ext.R1(b) decision of the syndicate is not replaced by the statutes ordinances, regulations, rules or bye-laws or orders issued by the University.
8.6. The syndicate had in its meeting held on 19.02.1966, resolved to give exemption to the employees who completed 45 years of age on 14.1.1963 from passing the tests in Secretariat Office Manual Test and Account Test lower. In the meeting held on 25.2.1967 it was resolved to fix the ratio between Assistant Gr.I and II as 2:1 and 64 posts of Assistant Gr.II were upgraded as Gr.I post. As per the transitory provisions of Chapter IX of the Kerala University Act, 1974, the Statutes, Ordinances, Regulations, Rules, Orders and Bye-laws in force immediately before the commencement of the Act shall continue to be in force so W.P(C).No.1366/2018 & c/cases 43 far as they are not inconsistent with the provisions of the Act until they are replaced by the Statutes, Ordinances, Regulations, Rules, Bye-laws or orders framed under the Act. Annex.R1(b) resolution of the syndicate prescribes the departmental test and the same is not replaced by the Statutes, Ordinances, Regulations, Rules, bye-laws or orders till date. The syndicate had in its meeting held on 1.12.1984 resolved to implement G.O(P).No.309/84 dated.31.08.1984 in the University, by which persons who attained the age of 50 years on or after 25.08.1981 are eligible for permanent exemption from passing the obligatory departmental tests for all purposes such as promotion, appointment of full member of service etc. irrespective of their total period of service.
8.7. It is stated that the consistent stand taken by the University is that pass in the departmental test is necessary for promotion of Assistant Grade II to Grade I and eligibility for such promotion has to be determined with reference to the dates of occurrence of the vacancies. This stand is reflected from O.P.No.4643/2003 wherein this Court recorded the submission made by the University that a pass in the departmental test is an essential qualification for promotion as Assistant Gr.I.
9. Counter Affidavit by Additional 3rd respondent in W.P.(C) No. 4755/2019:
9.1. The party respondents in W.P.(C).Nos.9290/2018 and 4755 of 2019 have filed counter affidavits. It is stated that the gradation list was finalised without taking into account the final disposal of W.P.(C) No.37082/2007. There is nothing in the gradation list to show the declaration of probation, confirmation of W.P(C).No.1366/2018 & c/cases 44 service or eligibility for promotion; the incumbents were placed in the order of date of entry in service. Immediately after the disposal of the Writ Petitions challenging the 2008 selection, the University issued orders granting promotion in accordance with the date of completion of probation in the entry cadre and date of passing the mandatory departmental tests. But further promotion to the posts of Assistant Selection Grade and Section Officer was effected in total disregard of rules and seniority. On the basis of representations submitted by additional respondents and others, an anomaly rectification committee was constituted and even after reports were submitted on 10.08.17 and 04.11.2017, the matter was being dragged despite the direction of this Court in the judgment in W.P(c).No.30240/2017 to final decision and to effect promotions without any delay. Thereafter, they sought legal opinion and orders were issued based on opinion tendered in disregard of the decision taken by the syndicate in the year 1963 to adopt the Government order, which prescribed the test qualifications.
Persons like the additional 3rd respondent have therefore filed W.P.(C) No.1366 of 2018 and 5741/2018 for implementation of the report instead of proceeding on the basis of the legal opinion. They have also pointed out that those who claim promotions without test qualification had approached the University pointing out the date on which they passed the test and they never raised a claim that pass in departmental test is not necessary. It is stated that under Section 82(3) of the Kerala University Act, 1974, the statutes, ordinances, regulations, rules, bye-laws and orders in force immediately before the commencement of the Act shall W.P(C).No.1366/2018 & c/cases 45 continue to be in force in so far as they are not inconsistent with the provisions of the Act, until they are replaced by the statutes, ordinances, regulations, rules, bye- laws or orders framed under the Act; the decision of the syndicate adopting the Government order prescribing the test qualification is not replaced by any statute, ordinance, rule, regulation, bye-laws or order and the said prescription is not inconsistent with any of the provisions in the University Act, 1974 and the same continues to be in force even now. They have produced Ext.R3(c) representation dated 26.05.2014 submitted before the Vice Chancellor by those who object to the requirement of test qualification, stating that they have passed the required tests and acquired qualifications for promotion as Senior Assistant. It is stated that all of them were very well aware of the requirement. Petitioners 1, 5 and 7 to 9 in W.P
(c).No.4755 of 2019 are signatories to Ext.R3(c) representation. It is also stated that 2 of them had approached this Court filing W.P(c).No.10644/2015 seeking directions to the University to grant them promotions provisionally and subject to disposal of W.P(c).No.37082/2007, when they did not have any such claim and University has also been insisting test qualification as a condition for declaring probation as well as promotion.
10. Counter Affidavit filed by additional respondents 8 and 9 in W.P. (C) No. 9209 of 2018:
10.1. When the University was governed by the Kerala University Act, 1957, qualification of non-teaching staff was fixed in Chapter LVIII of Part III of University Employees (Other than Teachers) Service Condition Ordinance issued W.P(C).No.1366/2018 & c/cases 46 under Act 14/57, Clause 14 thereof provided that University employees will be required to pass such departmental tests as may be prescribed by the Syndicate. On 31.5.1963/01.06.1963, the Syndicate, as per decision No.139 resolved to follow the Government order dated 14.01.1963, according to which, the pass in Account Test (Lower) would be a mandatory qualification for Lower Division Clerk post and pass in Secretariat Office Manual Test would be made mandatory for declaration of probation in LDC. On 25.02.1967, the syndicate resolved to promote only those Assistant Gr.II who have passed the required departmental test.
As per Section 75(2) of Chapter IX of Kerala University Act, 1969 all Statute, Rules, Ordinance and Bye-laws which were in force immediately before the commencement of that Act, in so far as they are not inconsistent with the provisions of this Act, would continue to be in force until they are replaced by the Statutes, Ordinances, Rules or Bye-laws framed under that Act. As per the schedule attached to Chapter XIV of the Kerala University First Ordinance 1972 which deals with scale of pay, qualification etc. of various posts in the University, pass in the prescribed test was stipulated as the technical qualification for promotion to the post of Assistant Gr.I from among suitable Assistant Gr.II on the basis of seniority and merit. Section 82(3) of Chapter IX of Kerala University Act, 1974 is similar to Section 75(2) of the Kerala University Act, 1969. As per Statute 2 of Chapter 4 of the Kerala University First Statute, 1977, the provisions of KS&SSR 1958, as amended from time to time, shall apply to the University employees. As per Statute 10, the University employees are required to pass such W.P(C).No.1366/2018 & c/cases 47 departmental tests or examinations within such period as may be prescribed by the Syndicate within the period of probation. Under the provisions in the schedule to Kerala University First Ordinance 1978, pass in the prescribed test is mandatory for promotion of Assistant Gr.II as Assistant Gr.I. The syndicate in its meeting held on 01.12.1984 resolved to implement the amendment of KS&SSR effected as per G.O.(P)No.309/84, GAD dated 31.08.1984, according to which, a person who attained the age of 50 years on or after 25.08.1981 is eligible for permanent exemption from passing obligatory departmental test for all purposes. In the amendment proposal approved by the Senate of the University in the meeting held on 21.02.2017 it is stated that promotion to the post of Senior Grade Assistant is made from suitable Assistants on the basis of seniority and merit and pass in the prescribed test as technical qualification. In that meeting, Assistant Gr.II was redesignated as Assistant, while deleting the post of Assistant Gr.I. It is stated that in reply to the query made in the Legislative Assembly interpellation on 30.01.2018, the answer of the University was that pass in Secretariat Office manual Test is necessary for declaration of probation and pass in Account Test (Lower) is necessary for promotion. It is also stated that in the judgment dated 04.04.2007 in WP(C) No.1544/2007 when the question relating to promotion to the post of Assistant Gr.I came up for consideration, it was held that promotion to the post of Assistant Gr.I from Gr.II could be granted to those who are test qualified and their eligibility for such promotion has to be determined with reference to the date of occurrence of vacancies.
W.P(C).No.1366/2018 & c/cases 48
11. Similar contentions were raised by all the Assistants who passed the test qualification at the earliest point of time.
12. W.P(c).No.4267/2020
12.1. The petitioner claims promotion on the ground that he completed probation on 25.05.2019. It is stated that he has submitted a representation requesting for promotion as Section Officer, pointing out the date of completion of probation on 25.05.2009. It is stated that he got relieved from the University and joined KSFE on 05.10.2016. Thereafter, on the basis of his request, he was permitted to rejoin duty in the University on 23.06.2018. He was promoted as Sr.Gr. and Sel.Grade Assistant as per order dt.30.11.2018 (Ext.P7). His case is that he passed the Account Test and Secretariat Office Manual Test in January, 2009 itself.
13. Heard learned Senior Counsel Sri Jaju Babu, M/s S.P.Aravindakshan Pillai, Sri P.C.Sasidharan, learned Counsel appearing for the petitioners in W.P.(C) 9290/2018, 4755/2019, 6297/2019 respectively, who claim that test qualification is not necessary; M/s V.P.Seemanthini and P.Ravindran, the learned Senior Counsel and M/s Nandakumar, M.Sreekumar, who appear for the parties who claim that test qualification is necessary/for the petitioners in W.P.(C) No.1366 of 2018 and 5731 of 2018, Sri Thomas Abraham the learned Standing Counsel for the University and all other learned Counsel who appeared for the parties.
14. On consideration of the rival contentions advanced on both sides especially as to requirement of test qualification it is necessary to examine the W.P(C).No.1366/2018 & c/cases 49 relevant provisions in the University Act, Statute, ordinances, etc. of the Kerala University.
Ordinance 3 of Chapter XVII of the Kerala University First Ordinance 1978, which deals with the qualification and method of appointment of non-teaching staff reads as follows:
"3. Scale of pay, age, etc for non-teaching posts:
The scale of pay, age limit, minimum qualifications and method of recruitment to the posts specified in column (1) of the schedule given hereunder shall be as prescribed in the corresponding entries in columns 3, 4,5,6 and 7 respectively thereof. Xxxx"
The relevant portion of the schedule annexed to the Ordinance 1978 reads as follows:
Scale sl.
Designation of age qualifications Method of recruitment
no
pay
1 2 3 4 general(5) Technical(6) 7
Assistant By promotion of suitable
285-
20 Grade I Assistant Gr II on the basis
550 Pass in
(Common) of seniority and merit
prescribed test
University degree
(Age and
qualification are
relaxable in the case
of class IV
**By recruitment on the
employees who were
basis of competitive test
in the University
and or interview by
service immediately
Assistant inviting applications by
before 1.1.1989 to
Grade II Not advertisement in the press
whom promotion
including 240- more Good (Store keepers must furnish
21 will be given on
Store 445 than 30 handwriting security as may be
completion of 7
Keeper years prescribed)
years of service of
(common) By promotion from the
which 5 years shall
post of Clerical Assistants
be as qualified
on the basis of a suitability
clerical Assistant
test
subject to the
conditions as may be
prescribed) *SSLC
and equivalent
qualification
W.P(C).No.1366/2018 & c/cases 50
Statutes 2, 9 and 10 of Chapter 4 of Kerala University First Statutes, 1977 relating to applicability of KSR, probation, test qualification, etc. of non-teaching staff read as follows:
Statute 2. Applicability of Kerala Service rules, etc, to the non-teaching staff:- Subject to the provisions of the Act and the Statutes issued thereunder, the Kerala State and Subordinate Service Rules, 1958, the Kerala Service Rules, 1959 and the Government Servants Conduct Rules, 1960 as amended from time to time in so far as may be applicable and except to the extent expressly provided for in these statutes shall apply in the matter of all the service conditions of the University employees in the University service:
xxxxx Statute 9(1):- Probation and confirmation of non-teaching staff:- (1) Every person appointed to class, I, II and III post shall, from the date on which he joins duty by on probation for a period of one year within a continuous period of two years: `Provided that where there are more than one grade to the same category and duties and responsibilities attached to the various grades are one and the same and appointment to the higher grades are made by promotion from the lower grades, then probation shall be insisted only in the lowest grade to such category.' xxxxxxx Statute 10: Passing of examination or test:- The University employees shall be required to pass such departmental tests or examinations within such period as may be prescribed by the Syndicate within the period of probation." The Meaning of 'prescribed' as provided in Section 2(14) of the Kerala University Act, 1974 read as follows:
"Section 2(14): "prescribed" means prescribed by this Act, or the Statutes, Ordinances, Regulations, rules or bye-laws made thereunder. Therefore, as per ordinance 3 of Chapter XVII of the First Ordinance 1978 read W.P(C).No.1366/2018 & c/cases 51 with the provisions in the schedule, an Assistant Gr.II has to pass the prescribed test, for being qualified for promotion as Assistant Gr I. Under Statute 10, they have to pass the test prescribed by the syndicate. Going by the definition of "prescribed" under Section 2(14), such prescription of test can only be, by way of Act, statute, ordinance, regulation, rule or byelaw. The manner in which service conditions of non-teaching staff can be fixed, the manner in which ordinance can be made, etc. are given in Sections 36, 37 and 41 of the Act, which read as follows:
"36. Ordinances:- Subject to the provisions of this Act and the Statutes, the Syndicate shall have power to make Ordinances providing for all or any of the following matters, namely:-
xxxx
(d) the fixation of the scales of pay of various posts in the University and the terms and conditions of service of officers of the University; and
37. Procedure for making ordinances:- (1) All Ordinances made under this Act shall have effect from such date as the Syndicate may direct, but every Ordinance so made and the repeal of any Ordinance shall be laid before the Senate during its next succeeding meeting.
(2) If any Ordinance or repeal of an Ordinance is not laid before the Senate as required by sub-section (1), the Ordinance shall lapse or, as the case may be, the Ordinance repealed shall revived, after the next succeeding meeting of the Senate.
(3) Subject to the provisions of sub-sections(1) and (2), the procedure to be followed in making, amending or repealing Ordinances shall be prescribed by the Statutes.
(4) No Ordinance involving expenditure shall be valid or come into force until W.P(C).No.1366/2018 & c/cases 52 assented to by the Chancellor.
41. Publication in the Gazette:- All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette."
15. From the counter affidavits it is seen that on 3.05/01.06.1963 the Syndicate had taken Ext.R3(b) decision no.139 that G.O.(P) 22 dated 14.1.1963 [produced as Ext.R3(a) along with I.A.No.1/2019 by additional 3 rd respondent in W.P.(C) No.9290/2018] shall be made applicable to the University with effect from 14.01.1963. The minutes of that was confirmed in the meeting held on 1963. The order dated 14.01.1963 provides that LD clerks have to pass account test (lower) and Secretariat Office Manual test during their probation and promotion. It is seen that when the syndicate took the decision on 31.05/01/06/1963, the Kerala University Act, 1957 was in force. Clause 14 of Chapter LVIII of the Ordinances University of Kerala Ordinances framed under Section 26 of the 1957 Act read as follows:
" 14.Tests or examinations:
University employees would be required to pass such departmental account and other tests or examinations as may be prescribed by the syndicate. The syndicate may also lay down the rules regarding the periods within which the tests should be passed, the consequences of not passing the tests and other cognate matters."
It is also seen that the University had issued an order dated 09.01.1967 fixing a ratio of 2:1 between 1st and 2nd Grade Assistants. In this order it was also ordered as follows:
" The promotions of Assistants Grade II to Grade I will be subject to the conditions stipulated in the last para of the University order cited above, viz, they will be exempted W.P(C).No.1366/2018 & c/cases 53 from test qualifications required under the rules for a period of one year or till after two examinations are over and their results published whichever is later: increments being sanctioned only after they have passed the tests. Employees thus promoted would be reverted if they do not pass the tests within the period of exemption and the service put in as first grade Assistants till the date of reversion will not be counted for seniority or promotion thereafter."
From this order dated 09.01.1967, it is clear that for the purpose of promotion a test was to be passed and failure to pass the test will result in reversion. The order referred to in that order is U.O.No. Ad.A5-77/66 dated 09.01.1967. The minutes of the meeting of the syndicate held on 25.02.1967 would show that while according sanction to fix the ratio of 2:1 between Grade I and II of Assistants with effect from 01.08.1966 it was also resolved to promote the incumbents giving exemption for one year or till they get two chances to appear in the examination and also to revert them in the event of failure to pass the test within the said period. The University issued the order dated 09.01.1967, incorporating those decisions. The said minutes would also show that promotion to the vacancies of 1 st grade Assistants shall be granted only to those who passed the required departmental test. But it is also relevant to note that there was no order passed by the University in tune with the decision taken by the syndicate on 31.05/01.06.1963, referring to the test qualifications required. It is also seen that the 1957 Act was repealed and in its place the Kerala University Act, 1969, came into force on 28.02.1969. Section 75(2) of the Act read as follows:
" (2) The Statutes, Ordinances, Rules and Byelaws in force immediately before the commencement of this Act shall in so far as they are not inconsistent with the W.P(C).No.1366/2018 & c/cases 54 provisions of the Act, continue to be in force until they are replaced by the Statutes, Ordinances, Rules or Byelaws framed under this Act."
The Kerala University First Ordinances, 1972 was framed under Section 76 of the 1969 Act. Clause 3 thereof which provided for repeal read as follows:
"76(3). Repeal. (1) The ordinances made under the Kerala University Act, 1957(14 of 1957) in so far as matters for which provisions has been made in these ordinances shall stand repealed;
Provided that any order made or action taken under the Ordinances so repealed shall be deemed to have been made or issued under the corresponding provisions of these ordinances.
Provisions in the ordinances made under the Kerala University Act, 1957(14 of 1957) which are not repealed by these Ordinances or by the Kerala University First Statutes, 1972 shall stand abrogated when Regulations are framed under Section 34 of the Act.
In the schedule to the Kerala University First Ordinance 1972, the post of Assistant Gr.I is at sl. no.13 and Assistant Grade II at sl.no 14. The method of appointment to the post of Assistant Grade I , as given in the schedule was:
"by promotion of suitable Assistant gr II on the basis of seniority and merit) . Qualification is "pass in prescribed test."
Kerala University Act, 1974 (Act 17 of 1974) came into force thereafter on 27.07.1974 and the 1969 Act was repealed. Section 82 which relates to transitory provisions, provides in Subsection 3 as follows:
82(3). The Statutes, Ordinances, Regulations, Rules, Byelaws and Orders in force immediately before the commencement of this Act shall in so far as they are not inconsistent with the provisions of the Act, continue to be in force until they are replaced by the Statutes, Ordinances, Regulations, Rules, Byelaws or Orders framed under this Act."W.P(C).No.1366/2018 & c/cases 55
The question to be considered is whether that decision of syndicate in its meeting held on 31.05/01.06.1963 or the University order of 09.01.1967 or the order of 01.08.1966 referred to therein would continue to be in force even after the repeal of several enactments after effectuation of Kerala University Act, 1974 and the statutes and ordinances made thereunder. The decision as well as the University Order was taken/issued at a time when the 1957 Act was in force. When the 1969 Act was enacted, Section 75 had only provided for the continuance of ordinances, statutes, ordinances, rules and bye-laws in force. There is no provision which provides for enforcement of a decision of the syndicate even after repeal of the Act. Though the 1974 Act provides for continuance of orders also, such a provision is not seen either in 1969 or 1972 Act. The meaning of "prescribed"
continues to be the same in all the Acts. Moreover, going by Section 14, the syndicate can prescribe a test only by way of Act, statute, ordinance, regulation, rule or bye-law. There is no provision in the Act, Statute, ordinance, regulation or bye-law which provides for the test qualifications which the Assistants have to pass for probation or for promotion. Under Statute 2, which provisions in KS&SSR are applicable only to the extent it is not provided in the Statutes. When statute 10 provides that test qualified hands shall be promoted, it is for the syndicate to prescribe which are the tests to be passed and also the duration within which it should be passed, the provisions in KS&SSR would not apply.
16. In this context the judgment dated 27.08.2008 of this Court in W.A.No.989/2008 (P.K.Santhamma V Smt. Krishnakumari & others) relied on by W.P(C).No.1366/2018 & c/cases 56 the employees who claim that test qualification is not necessary, is relevant. The issue which arose in that case was with respect to the qualification viz National Apprenticeship certificate in Printing was not incorporated as a qualification prescribed in the ordinance, for appointment as Foreman. Though it was found that the Government had issued an order recognising NAC in the relevant trade as equivalent to KGTE certificate (Higher) in composing, Printing and the syndicate had taken a decision to that effect, no corresponding amendment was carried out in the ordinance and even the decision of the syndicate was taken subsequent to the date of occurrence of vacancy. Referring to the provisions contained in Section 36 which empowers syndicate to make ordinances relating to fixation of pay as well as conditions of service of officers of the University, the procedure for making ordinances under Section 37 of the Act, the requirement to place it before the senate in the next meeting and the requirement under Section 41 of the Act for publication of such Ordinance in the official gazette, this Court found that no such ordinance was made/no amendment was brought about to the existing ordinance, incorporating the qualification in tune with the order issued by Government or the decision taken by the syndicate. It was also found that there was no provision also in the ordinance to accept any equivalent qualification. It was found that the resolution passed by the syndicate was not seen as proposed as Ordinance and it was not placed before the next meeting; and it was not published in the official gazette, as required under Sections 37 and 41 of the Act. It was held that the syndicate could not have legislated through an executive order that the order W.P(C).No.1366/2018 & c/cases 57 issued by the Registrar of the University cannot be treated as an amendment to the qualification prescribed in the schedule annexed to the Kerala University First Ordinance, 1978.
17. The contention of the University as well as the employees who passed the departmental test at the earliest point of time that all the employees before this Court have acquired the test qualification; they did not raise any objection against the pass in the tests in any of their earlier representation, etc. and in the cases which this Court considered, the absence of test qualification was never raised, etc. cannot be accepted. In any of the cases considered by this Court, a contention as to the absence of provision in the ordinance or statute regarding test qualification was not raised or considered. In para.6 of the judgment in O.P. No.4643 of 2003 (S Muthukrishnan's case), this Court observed that "6. Thus, I have to proceed on the basis that for promotion to the post of Assistant Gr I, a pass in departmental test is an essential qualification and only those who have passed the Departmental Test will be considered for promotion". Seeing that 101 vacancies of Assistant Gr.I were created on 01.03.1992, this Court held that only those Assistant Gr II who were test qualified as on 01.03.1992 alone would have been promoted with effect from that date and seniors who were not test qualified were not entitled to be promoted against those vacancies when there were qualified juniors. Though the judgment relates to promotion to the post of Assistant Gr.I, none of the parties therein had raised any claim regarding the requirement of prescription of test qualification. Therefore, the said judgment or the judgment dated 06.01.2010 in W.P(C).No.1366/2018 & c/cases 58 W.A.No.1544 of 2007 dismissing the appeal would not show whether the test qualification was prescribed or not.
18. In the judgment in Vijayakumar S & others v. State of Kerala & others : 2018(4)KHC 16, the Division Bench was considering a case where juniors were assigned seniority over test qualified juniors. There the vacancies of Auditor Gr.I which arose consequent to restructuring, were filled up by provisional promotions at a time when nobody with test qualification was available. Seniority re-arranged thereafter with reference to date of declaration of probation was upheld, repelling the claim under the proviso to Rule 28(a)(i) of KS&SSR, observing that the same was applicable only in the case of test qualified seniors.
19. Therefore, it is seen that the test qualification is not so far prescribed by the syndicate in the manner in which it is to be prescribed. It is for the University to take appropriate action to incorporate the test qualifications as a pre- condition for probation and promotion, in accordance with law. Though it looks awkward that the Assistants in the University do not require pass in departmental tests and it is difficult to accept this factual situation, in the absence of any material or even any judgment to support, a long standing practice alone which all the parties accepted all along, this Court is not in a position to conclude that test qualification need not be prescribed as defined in Section 2(14) of the Act.
20. The Writ Petitions are ordered as follows:
It is declared that there is no provision in the University Act, Statutes or Ordinances governing the Assistants/Assistant Gr.II working in the Kerala W.P(C).No.1366/2018 & c/cases 59 University which prescribes test qualification either for probation or promotion to higher posts. The University shall take further action accordingly. All proceedings granting promotion with reference to the date of acquisition of test qualification shall be revised and promotions shall be granted on the basis of seniority. Entire process shall be completed within a period of two months from the date of receipt of a copy of the judgment.
Sd/-
(P.V.ASHA, JUDGE) rtr/ W.P(C).No.1366/2018 & c/cases 60 APPENDIX OF WP(C) 1366/2018 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 23.02.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF ORDER DATED 16.08.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LIST OF ASSISTANTS
ELIGIBLE FOR PROMOTION IN JUNE 2009.
EXHIBIT P4 TRUE COPY OF THE LIST OF ASSISTANTS WHO
PASSED THE DEPARTMENTAL TEST AFTER JUNE
2009.
EXHIBIT P5 TRUE COPY OF THE REPORT OF THE ANOMALY
RECTIFICATION COMMITTEE DATED 17.05.2017.
EXHIBIT P6 TRUE COPY OF THE REPORT OF THE ANOMALY
RECTIFICATION COMMITTEE DATED 10.08.2017.
EXHIBIT P7 TRUE COPY OF JUDGMENT IN W.P.(C) NO.30240
OF 2017 DATED 13.10.2017.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 03.01.2018.
RESPONDENTS' EXHIBITS
EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.
EXT.R1(b) TRUE COPY OF THE MINUTES OF THE MEETING OF
THE SYNDICATE HELD ON 31.5.1963 &
01.06.1963.
EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE
COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.
EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.
W.P(C).No.1366/2018 & c/cases 61
APPENDIX OF WP(C) 5731/2018
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO. AD. AI.2/6765/17
DATED 23.2.2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 17.5.2017
(WRONGLY SHOWN AS 17.10.17 IN THE COVER
PAGE.
EXHIBIT P3 TRUE COPY OF FINAL (CONSOLIDATED) REPORT OF
ANOMALY RECTIFICATION COMMITTEE DATED
10.8.2017.
EXHIBIT P3(a) TRUE COPY OF THE ADDITIONAL REPORT OF
ANOMALY RECTIFICATION COMMITTEE DATED
4.11.2017.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.AD. AI.
1.7401/2017.1 DATED 16.8.2017 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.30240/17 DATED
13.10.2017.
EXHIBIT P6 TRUE COPY OF NO. AD. AI.2/6765/18 DATED
3.1.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LEGAL ADVICE GIVEN BY THE
STANDING COUNSEL DATED 27.12.2017.
EXHIBIT P8 TRUE COPY OF G.0. (P) NO. 22 DATED
14.1.1963 ISSUED BY THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF
MINUTES OF SYNDICATE MEETING DATED
31.5.1963.
RESPONDENTS' EXHIBITS:
EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.
EXT.R1(b) TRUE COPY OF THE MINUTES OF THE MEETING OF
THE SYNDICATE HELD ON 31.5.1963 &
01.06.1963.
EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE
W.P(C).No.1366/2018 & c/cases 62
COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.
EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.
W.P(C).No.1366/2018 & c/cases 63
APPENDIX OF WP(C) 8866/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVED SENIORITY LIST OF
THE NON-TEACHING STAFF OF KERALA UNIVESITY.
RESPONDENTS' EXHIBITS
EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.
EXT.R1(b) TRUE COPY RELEVANT OF THE MINUTES OF THE
MEETING OF THE SYNDICATE HELD ON 31.5.1963
& 01.06.1963.
EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE
COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.
EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.
W.P(C).No.1366/2018 & c/cases 64
APPENDIX OF WP(C) 9290/2018
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE PROVISIONAL GRADATION LIST CIRCULATED
ON 1.10.13.
EXT.P2 TRUE COPY OF THE FINAL GRADATION LIST DT.23.2.2017.
EXT.P3 TRUE COPY OF THE ORDER NO.AD.AI.2/6765/17 DATED
23.02.2017 ISSUED BY THE 1ST RESPONDENT.
EXT.P4 TRUE COPY OF THE REPORT DATED 17.5.2017 SUBMITTED BY
THE ARC.
EXT.P5 TRUE COPY OF THE FINAL REPORT DT.10.8.2017 SUBMITTED
BY THE ARC.
EXT.P6 TRUE COPY OF THE JUDGMENT DATED 13.10.17 OF THIS
HON'BLE COURT IN WPC.NO.30240/2017.
EXT.P7 TRUE COPY OF THE ORDER NO.AD.AI.2/6765/18 DT.3.1.2018
ISSUED BY THE 1ST RESPONDENT.
EXT.P8 TRUE COPY OF THE CIRCULAR DATED 13.3.18 ISSUED BY THE
1ST RESPONDENT.
EXT.P9 TRUE COPY OF THE MEMO DATED 13.3.2018 ISSUED BY THE
DEPUTY REGISTRAR OF 1ST RESPONDENT UNIVERSITY.
EXT.P10 TRUE COPY OF THE REPORT SUBMITTED BY THE ANOMALY
RECTIFICATION COMMITTEE ON 24.4.2018.
EXT.P11 TRUE COPY OF THE MINUTES OF THE MEETING OF THE
SYNDICATE OF KERALA UNIVERSITY HELD ON 10.5.2018. EXT.P12 TRUE COPY OF THE LIST OF EMPLOYEES ISSUED BY THE UNIVERSITY OF KERALA TO BE PROMOTED TO HIGHER POST. EXT.P13 TRUE COPY OF THE STATEMENT FILED BY THE UNIVERSITY OF KERALA IN CONTEMPT CASE no.1755/2018 ALONG WITH ANNEXURE.
RESPONDENTS' EXHIBITS EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS G.O(P).NO.22 DATED 14.1.1963.
EXT.R1(b) TRUE COPY RELEVANT OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 31.5.1963 & 01.06.1963. W.P(C).No.1366/2018 & c/cases 65 EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE COMMITTEE AFTER VERIFYING THE SERVICE BOOKS OF EMPLOYEES CONCERNED AND OTHER RELEVANT RECORDS.
EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE PROMOTED TO HIGHER POSTS, I.E ASSISTANT SENIOR GRADE, ASSISTANT SELECTION GRADE AND SECTION OFFICER IN ACCORDANCE WITH THE REPORT OF THE ANOMALY RECTIFICATION COMMITTEE. ANNEXURE-A1: TRUE COPY OF REPORT PREPARED BY THE COMMITTEE CONSTITUTED TO VERIFY THE COMPLAINTS RECEIVED AGAINST THE ORDER DATED 3.1.2018.
ANNEXURE-A2: TRUE COPY OF THE LIST OF PROMOTEES TO THE POST OF ASSISTANT (SR.GR.) OF 2008 BATCH AND OTHER ELIGIBLE ASSISTANTS DURING THE PERIOD FROM 22.05.2009 ONWARDS. EXT.R4(a) TRUE COPY OF REPRESENTATION DT.26.5.14 SUBMITTED BY THE ASSISTANTS WORKING IN THE 1ST RESPONDENT INCLUDING IMPLEADING PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.R4(b) TRUE COPY OF ADDITIONAL REPORT OF ANOMALY RECTIFICATION COMMITTEE DATED 4.11.2017.
EXT.R4(c) TRUE COPY OF LEGAL ADVICE GIVEN BY THE STANDING COUNSEL DATED 27.12.2017.
EXT.R4(d) TRUE COPY OF GO(P) NO.22 DATED 14.1.63 ISSUED BY GOVERNMENT.
EXT.R4(e) TRUE COPY OF RELEVANT PORTION OF MINUTES OF SYNDICATE MEETING DATED 31.5.1963.W.P(C).No.1366/2018 & c/cases 66
APPENDIX OF WP(C) 4755/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROVISIONAL GRADATION LIST OF THE NON-TEACHING STAFF OF THE UNIVERSITY, INCLUDING ASSISTANTS AS ON 01.07.2013.
EXHIBIT P2 TRUE COPY OF THE FINAL GRADATION LIST OF
THE NON-TEACHING STAFF AS ON 01.07.2013
ALONG WITH CIRCULAR NO.AD.A1.2/702/2013
DATED 23.02.2017.
EXHIBIT P3 TRUE COPY OF THE UNIVERSITY ORDER
NO.Ad.AI.2/6765/17 DATED 23.02.2017.
EXHIBIT P4 TRUE COPY OF THE SENIORITY LIST OF THE 2008
BATCH ASSISTANTS ALONG WITH ARC REPORT.
EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
ARC ON 10.08.2017.
EXHIBIT P6 TRUE COPY OF THE UNIVERSITY ORDER
NO.AD.AI.2/6765/18 DATED 03.01.2018.
EXHIBIT P7 TRUE COPY OF THE UNIVERSITY CIRCULAR
NO.AD.A1/6765/2018 DATED 13.03.2018.
EXHIBIT P8 TRUE COPY OF THE PRELIMINARY MINUTES OF THE
35TH MEETING OF THE SYNDICATE OF UNIVERSITY
OF KERALA HELD ON 10.05.2018.
EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PRELIMINARY MINUTES OF THE 35TH MEETING OF
THE SYNDICATE OF UNIVERSITY OF KERALA HELD
ON 10.05.2018.
RESPONDENTS' EXHIBITS:
EXHIBIT R1 (a) THE TRUE COPY OF THE G.O(P)No.22 DATED
14.01.1963 PRESCRIBING SECRETARIAT OFFICE
MANUAL TEST.
EXHIBIT R1 (b) THE TRUE COPY OF THE RESOLUION OF THE
SYNDICATE AT ITS MEETINGS HELD ON
31.05.1963 AND 01.06.1963.
ANNEXURE-A TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.
ANNEXURE-B TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
W.P(C).No.1366/2018 & c/cases 67
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.
ANNEXURE-C TRUE COPY OF GO(P) NO.22 DATED 14.1...63
ISSUED BY THE GOVERNMENT.
ANNEXURE-D TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DT.31.5.1963.
ANNEXURE-E TRUE COPY OF REPRESENTATION DT.26.5...14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
11TH RESPONDENT INCLUDING RESPONDENTS 1, 5,
7 TO 9 BEFORE THE 12TH RESPONDENT.
EXHIBIT R3(a) TRUE COPY OF GO(P) NO 22 DATED 14.1.63
ISSUED BY GOVERNMENT.
EXHIBIT R3(b) TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DATED 31.5.1963.
EXHIBIT R3(c) TRUE COPY OF REPRESENTATION DATED 26.5.14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
1ST RESPONDENT INCLUDING PETITIONERS 1,5,7
TO 9 BEFORE THE 2ND RESPONDENT.
EXHIBIT R3(d) TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.
EXHIBIT R3(e) TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.
W.P(C).No.1366/2018 & c/cases 68
APPENDIX OF WP(C) 6297/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE UNIVERSITY ORDER DATED
23/2/2017.
EXHIBIT P2 TRUE COPY OF THE UNIVERSITY ORDER NO.
AD.AI17401/2017.1 DATED 16/8/2017.
EXHIBIT P3 TRUE COPY OF THE UNIVERSITY ORDER
NO.AD.AI.2/6765/18 DATED 03/01/2018.
EXHIBIT P4 TRUE COPY OF THE PRELIMINARY MINUTES OF THE
SESSION OF THE SYNDICATE HELD ON 11/7/2018.
EXHIBIT P5 TRUE COPY OF THE ORDER
NO.AD.AI.2/6765/2018-I DATED 16/8/2018.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 29/1/2019
IN COC NO.1755/2018.
RESPONDENTS' EXHIBITS:
ANNEXURE-A TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.
ANNEXURE-B TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.
ANNEXURE-C TRUE COPY OF GO(P) NO.22 DATED 14.1...63
ISSUED BY THE GOVERNMENT.
ANNEXURE-D TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DT.31.5.1963.
ANNEXURE-E TRUE COPY OF REPRESENTATION DT.26.5...14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
11TH RESPONDENT INCLUDING RESPONDENTS 1, 5,
7 TO 9 BEFORE THE 12TH RESPONDENT.
ANNEXURE-R1(a) TRUE COPY OF THE REPRESENTATION
DT.26.5.2014.
EXHIBIT R3(a) TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.
EXHIBIT R3(b) TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.
W.P(C).No.1366/2018 & c/cases 69
EXHIBIT R3(c) TRUE COPY OF GO(P) NO.22 DATED 14.1.63
ISSUED BY GOVERNMENT.
EXHIBIT R3(d) TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DATED 31.5.1963.
EXHIBIT R3(e) TRUE COPY OF REPRESENTATION DATED 26.5.14
SUBMITTED BY THE ASSISTANTS WOKING IN THE
IST REPONDENT INCLUDING PETITIONERS 4,5,9 &
10 BEFORE THE 2ND RESPONDENT.
W.P(C).No.1366/2018 & c/cases 70
APPENDIX OF WP(C) 4267/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMO DATED 23/6/2018
ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 26/7/2018
ISSUED TO THE RESPONDENT BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MEMO DATED 24/10/2018
ISSUED BY THE RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
29/1/2019 IN WP(C) 1366/2018 OF THIS
HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 28/9/2018
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.5928/19 DATED 5/4/2019 OF THIS HON'BLE
COURT.
EXHIBIT P7 TRUE COPY OF THE MEMO DATED 30/11/19.