Kerala High Court
S.Maheswari Pillai vs Sree Sankaracharya University Of ... on 24 May, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
W.P.(C) No.30755 of 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
WP(C) NO. 30755 OF 2013
PETITIONER:
S.MAHESWARI PILLAI
LECTURER(SELECTION GRADE)/ASSISTANT PROFESSOR,
DEPARTMENT OF SANSKRIT-VEDANTA, SREE
SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL
CENTRE, PANMANA,
KOLLAM DISTRICT-691 583.
BY ADV SRI.V.RADHAKRISHNA PILLAI
RESPONDENTS:
1 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KALADY, REPRESENTED BY THE VICDE CHANCELLOR
2 THE REGISTRAR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY
3 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, THIRUVANANTHAPURAM
4 GOVT.OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF HUMAN
RESOURCES DEVELOPMENT, NEW DELHI
5 UNIVERSITY GRANTS COMMISSION
NEW DELHI, REPRESENTED BY ITS SECRETARY
6 DR.V.PRAMEELA KUMARI
ASSOCIATE PROFESSOR, REGIONAL CENTRE, SREE
SANKARACHARYA UNIVERSITY OF SANSKRIT,PANMANA,
W.P.(C) No.30755 of 2013 2
KOLLAM DISTRICT-691 583.
7 DR.V.VASANTHAKUMARI
ASSOCIATE PROFESSOR, SREE SANKARACHARYA
UNIVERSITY OF SANSKRIT
BY ADVS.
SRI.ARUN B.VARGHESE,SC, SREE SANKARACHARYA UTY.
SHRI.DINESH MATHEW J.MURICKEN, SC, SREE
SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY
SRI.S.KRISHNAMOORTHY, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.30755 of 2013 3
JUDGMENT
This writ petition is filed seeking to quash Exts.P12 and P13 orders as per which the petitioner herein was reverted from the post of Associate Professor to Asst.Professor with AGP 8000 and also for a direction to the respondents to permit the petitioner to continue in the redesignated post of Associate Professor with effect from 28.05.2011 without any break and with full consequential benefits.
2. The respondents 1 and 2 have filed a counter affidavit wherein it is stated that the University by Ext.R1(a) order dated 5/1/2015 has redesignated the writ petitioner as Associate Professor with effect from 28/5/2011 and her pay was also fixed with effect from 28/5/2011 in the cadre of Associate Professor. It was followed up with Ext.R1(b) University order.
3. When the writ petition was taken up, none appeared for the petitioner.
4. It is apparent that the grievance of the petitioner does not W.P.(C) No.30755 of 2013 4 subsist any more in view of Exts.R1(a) and R1(b).
The writ petition is therefore closed as infructuous.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP W.P.(C) No.30755 of 2013 5 APPENDIX OF WP(C) 30755/2013 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 22/5/98 ISUED TO THE PETITIONER BY THE FIRST RESPONDENT UNIVERSITY EXHIBIT P1(a) TRUE COPY OF THE RANK CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA EXHIBIT P2 TRUE COPY OF THE UNIVERSITY ORDER 4410/AD.A2/07/SSUS(19) DATED 14/2/2008 SHOWING THE FIXATION OF PAY OF THE PETITIONER IN THE SENIOR SCALE WITH EFFECT FROM 28/5/2003 EXHIBIT P3 TRUE COPY OF THE UNIVERSITY ORDER AD.A2/8925(B)/CAS IV/SSUS/07 DATED 24/8/2011 PROMOTING THE PETITIONER AS LECTURER (SELECTION GRADE) WITH EFFECT FROM 28/5/2008 EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF GOVT.NOTIFICATION NO.1-32/2006-U.II/U.I(i) DATED 31/12/2008 FROM GOVT. OF INDIA TO UGC EXHIBIT P5 TRUE COPY OF THE LETTER NO.F.1-6/2009/PRC DATED 28/2/2009 OF THE UGC ADDRESSED TO CHIEF SECRETARIES OF STATES EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF G.O.(P) NO.58/2010/H.EDN.DATED 27/3/2010 EXHIBIT P7 TRUE COPY OF THE GO(P) NO.
392/2010/H.EDN.DATED 10/12/2010 EXHIBIT P8 TRUE COPY OF GOVT.LETTER NO.3-27184/2011/CED DATED 16/8/2011 W.P.(C) No.30755 of 2013 6 EXHIBIT P9 TRUE COPY OF THE UNIVERSITY ORDER AD.A2/15259/SSUS/10 DATED 23/12/2011 EXHIBIT P10 TRUE COPY OF THE ORDER OF RE-DESIGNATION OF THE PETITIONER AND OTHERS AS ASSOCIATE PROFGESSOR AS PER UNIVERSITY ORDER NO.AD.A2/15259/SSUS/10 DATED 13/1/2012 EXHIBIT P11 TRUE COPY OF GOVT.LETTER NO.25518/C3/H.EDN DATED 2/6/2012 EXHIBIT P12 TRUE COPY OF UNIVERSITY ORDER AD.A2/15259/SSUS/10(1) DATED 23/7/2012 EXHIBIT P13 TRUE COPY OF ORDER OF REVERSION NO.AD.A2/15259/SSUS/10(2) DATED 23/7/2012 EXHIBIT P14 TRUE COPY OF THE TABLE I OF APPENDIX III, SHOWING THE PROPOSED SCORES OF API UNDER CAS OF UGC REGULATIONS -2010.
EXHIBIT P15 TRUE COPY OF TABLE I OF APPENDIX III, SHOWING THE PROPOSED MINIMUM API EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 3/11/2012 SUBMITTED BY THE PETITIONER EXHIBIT P17 TRUE COPY OF MEMO DATED 26/11/2012 FROM THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 5/4/2013 SUBMITTED BY THE PETITIONER RESPONDENTS' EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE UNIVERSITY ORDER NO.AD.A2/15259/SSUS/2010(2) DATED 5/1/2015 EXHIBIT R1(b) TRUE COPY OF THE UNIVERSITY ORDER NO.AD.A2/15259(A)/SSUS/2010(4)DATED 13/3/2015