Kerala High Court
Commander (Dr) Shamasundra M S vs National Institute Of Technology, ... on 7 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 15409 OF 2025
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2025:KER:49856
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 15409 OF 2025
PETITIONER:
COMMANDER (DR) SHAMASUNDRA M S
AGED 48 YEARS
RESIDENCE OF REGISTRAR, NIT CALICUT CAMPUS, NIT CALICUT P.O,
KOZHIKODE,KERALA, PIN - 673601
BY ADVS.
SHRI.SUMESH J. ANTONY
SHRI.BIJI MATHEW
RESPONDENTS:
1 NATIONAL INSTITUTE OF TECHNOLOGY, REPRESENTED BY DIRECTOR
DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, NIT CALICUT P.O,
CALICUT , KERALA, PIN - 673601
2 CHAIRMAN, BOARD OF GOVERNORS, NIT CALICUT
NIT CALICUT, NIT CALICUT P.O, KERALA, PIN - 673601
3 UNION OF INDIA, REPRESENTED BY SECRETARY (HIGHER EDUCATION)
SECRETARY (HIGHER EDUCATION), MINISTRY OF EDUCATION, C -
WING, SHASTRI BHAWAN, NEW DELHI, PIN - 110001
BY ADVS.
SMT.LAYA MARY JOSEPH
SHRI.ANILKUMAR C.R., CGC
SHRI.SHYAM PADMAN (SR.)
SMT.ASHWATHI SHYAM
SMT.SWATHY SUDHIR
SHRI. RAM MOHAN
SMT.BOBY M.SEKHAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15409 OF 2025
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JUDGMENT
Dated this the 7th day of July, 2025 The petitioner was serving as Commander in the Indian Navy, in pursuance to the selection to the post of Registrar in National Institute of Technology (NIT) Calicut, and took voluntary retirement from the Indian Navy. He was appointed as Registrar of the NIT, Calicut, pursuant to the contract of service entered into between the institute, NIT, and the petitioner (Ext.P4). The contract for appointment of the petitioner as Registrar was for five years ie, up to 10.04.2027. Clause 6 of the contract of appointment mentions "The Pay and Allowances shall be fixed as per the norms of the Government of India, as amended from time to time".
2. It appears that some differences of opinion between the Board of Governors and thus the petitioner arose, and the petitioner has put in his papers. The WP(C) NO. 15409 OF 2025 3 2025:KER:49856 petitioner's resignation came to be accepted by the Board of Governors on 02.07.2025. The petitioner has approached this Court with the following prayers:
i. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext P 5, P 6 and P 15 issued by 1st Respondent and quash the same ;
ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the 2nd Respondent to consider the petition for reference to Tribunal of Arbitration under section 29 of the NIT SER Act, 2007 Ext P 17.
iii. Issue a writ in the nature of Mandamus, or any other appropriate writ, order, or direction, directing the 3rd Respondent to consider and take a reasoned decision on the letter bearing No.NITC/DIR/257/2024-25 dated 02.12.2024, Ext P10 with respect to the fixation of the Petitioner's pay and allowances in accordance with the applicable rules and provisions. ;
iv. Issue any such other writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice.
3. As the petitioner put in his papers and the Board of Governors of NIT has accepted his resignation on 02.07.2025, prayer No.1 does not survive. However, the WP(C) NO. 15409 OF 2025 4 2025:KER:49856 question which remains to be answered is in respect of the prayer Nos.2 and 3.
4. "The National Institute of Technology, Science Education and Research Act, 2007" was amended in the year 2012. The Section 29 of the said Act provides for referring any dispute arising out of a contract between an Institute and any of its employees on the request of the employee to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
5. There is no dispute regarding the nature of the appointment of the petitioner, that is, the contractual one, and therefore, the petitioner was a contractual employee of the Institute. The dispute between the petitioner and the Institute is in respect of the payment of salary, emoluments and wages to him. The petitioner's case is that the Institute is not entitled to WP(C) NO. 15409 OF 2025 5 2025:KER:49856 recover the amount to the extent of pension being received by the petitioner and he is entitled to full pay and allowances on the post of the Registrar. This contention of the petitioner is seriously disputed by the Institute relying on clause 6 of the contract of appointment mentioned hereinabove.
6. As the statute itself provides an alternative remedy of referring the dispute between a contractual employee and Institute before an Arbitration Panel, this Court deems it appropriate to direct the Institute to constitute a Panel of Arbitrators for deciding the dispute in respect of the pay and allowances of the petitioner. The Institute is directed to forward a copy of this judgment with a request to visitor forthwith for nominating an Arbitrator by the visitor, and in the meantime, the petitioner and the Institute shall nominate their Arbitrators for adjudicating their dispute in respect of prayer Nos.2 and 3 made in this WP(C) NO. 15409 OF 2025 6 2025:KER:49856 writ petition. As soon as the visitor nominates the Arbitrator, the Arbitration Panel should decide the dispute expeditiously, preferably within a period of two months thereafter. Till the Arbitration Panel takes a decision, the Institute may not pay the dues to the petitioner.
With the aforesaid directions, the present writ petition stands finally disposed of.
Sd/-
D. K. SINGH
AP JUDGE
WP(C) NO. 15409 OF 2025
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APPENDIX OF WP(C) 15409/2025
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF ADVERTISEMENT NO P1/469/NTS/2021
DATED 20.09.2021 FOR THE POST OF REGISTRAR, NIT CALICUT Exhibit 2 TRUE COPY OF IHQ OF MOD(NAVY) LETTER NO RS/3505/NOC/MISC /2022 DATED 02.03.2022 CONTAINING OFFER LETTER FOR APPOINTMENT TO THE POST OF REGISTRAR, NIT CALICUT Exhibit 3 TRUE COPY OF REVISED OFFER LETTER NO NIL DATED 02.03.2022 BY NIT CALICUT TO THE POST OF REGISTRAR Exhibit 4 TRUE COPY OF CONTRACT OF SERVICE FOR THE POST OF REGISTRAR DATED 17.08.2022 Exhibit 5 TRUE COPY OF OFFICE ORDER NO NITC/DIRECTORATE/152/2024-25 DATED 25.02.2025 ISSUED BY DIRECTOR FOR REORGANIZING ADMINISTRATIVE RESPONSIBILITIES IN NIT, CALICUT Exhibit 6 TRUE COPY OF OFFICE ORDER NO NITC/DIRECTORATE/152/2024-25 DATED 27.02.2025 ISSUED BY DIRECTOR REASSIGNING THE RESPONSIBILITY OF JR/DR/AR IN NIT, CALICUT Exhibit 7 TRUE COPY OF EMAIL DATED 01.03.2025 BY ENQUIRY COMMITTEE TO REGISTRAR, NIT , CALICUT Exhibit 8 TRUE COPY OF REPORT FORWARDED BY REGISTRAR NIT CALICUT VIDE LETTER NO MSS/PERS/1/2025 DATED 01.03.2025 TO BOARD OF GOVERNORS.
Exhibit 9 TRUE COPY OF MINUTES OF 63RD SPECIAL MEETING OF FINANCE COMMITTEE OF NIT , CALICUT Exhibit 10 TRUE COPY OF LETTER NO NITC/DIR/257/2024-25 DATED 02.12.2024 FORWARDED BY DIRECTOR NIT, CALICUT TO MINISTRY OF EDUCATION SEEKING CLARIFICATION ON SERVICE CONDITIONS OF REGISTRAR POST IN NIT Exhibit 11 TRUE COPY OF MINUTES OF THE 72ND SPECIAL MEETING OF THE BOARD OF GOVERNORS OF NIT CALICUT DATED 13.03.2025 Exhibit 12 TRUE COPY OF OFFICE MEMORANDUM NO F.NO NITC/DFSW/OM/02 DATED 19.03.2025 TO REGISTRAR NIT, CALICUT TO SUBMIT NOCS AND RELATED APPROVAL PROOF FROM COMPETENT AUTHORITY Exhibit 13 TRUE COPY OF OFFICE ORDER NO F NO NITC/DEAN P & D/SPACE_ALLOCATION/2024-25 DATED 24.03.2025 FOR RELOCATION OF OFFICE OF REGISTRAR AND OFFICE OF DEAN (IACR) Exhibit 14 TRUE COPY OF NIT SER ACT, 2007 AND FIRST STATUTES FOR ALL NIT WP(C) NO. 15409 OF 2025 8 2025:KER:49856 Exhibit 15 TRUE COPY OF SHOW CAUSE ISSUED BY DIRECTOR ,NIT, CALICUT VIDE NOTICE NO NITC/DIRECTORATE/152/2024- 25 DATED 24.03.2025 TO REGISTRAR, NIT CALICUT Exhibit 16 TRUE COPY OF OFFICE NOTE NO F NO P3/15387/2022- ESTB DATED 26.03.2025 FOR EXERCISE OF OPTION FOR DA IN RESPECT OF REGISTRAR, NIT CALICUT Exhibit 17 TRUE COPY OF LETTER NO MSS/PERS/1/2025 DATED 27.03.2025 SEEKING REFERENCE TO TRIBUNAL OF ARBITRATION UNDER NIT SER ACT, 2007 Exhibit 18 TRUE COPY OF REPLY TO SHOW CAUSE NOTICE VIDE LETTER NO MSS/PERS/1/2025 DATED 03.04.2025 RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE MEMORANDUM DATED 05.05.2025 ALONG WITH ENCLOSURE ISSUED TO THE PETITIONER EXHIBIT R1(B) TRUE COPY OF THE COMMUNICATION DATED 23.05.2025 ISSUED BY THE INQUIRY OFFICER TO THE PETITIONER EXHIBIT R1(C) TRUE COPY OF THE RESIGNATION LETTER DATED 26.06.2025 SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF THE 1 ST RESPONDENT INSTITUTE EXHIBIT R1(D) TRUE COPY OF THE RELIEVING ORDER DATED 02.07.2025 ISSUED BY THE 1 ST RESPONDENT INSTITUTE TO THE PETITIONER EXHIBIT R1(E) TRUE COPY OF THE OFFICE MEMORANDUM NO.3/1/85-ESTT.
(P.II) DATED 31.07.1986