Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 WP(C).No. 1930 of 2013 (M) -------------------------- PETITIONER(S): -------------------------- 1. ABDUL MUHAMMED RASHEED, ANAKKAR VEEDU, KUMILY, IDUKKI DISTRICT PIN 68.509.
2. THIRUMENI K.R., KOTTARATHIL HOUSE, N.R CITY P.O., RAJAKKAD, IDUKKI 68 566.
3. JINIMOLE C.G., JIJISH BHAVAN PATHIRAPPALLY P.O., ALAPPUZHA DISTRICT- PIN 68.521.
4. AMBILY V.T., VALIYAKALLUMKAL HOUSE, N.R CITY P.O .,KANAKAPUZHA, IDUKKI 68 566.
5. ANITHA LAL K.K., KOODARATHIL HOUSE, PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DISTRICT PIN 68.639.
6. NISSA S.S., FLAT E-F/7-412, PANDITS COLONY, KOWDIAR P.O., THIRUVANANTHAPURAM 69 003.
7. RASIA A. KHADAR, THAKADIPURATH HOUSE, 20TH MILE, PONKUNNAM P.O., KOTTAYAM, PIN 68.506.
8. REMA K., RADHALAYAM, MANNADI P.O., PATHANAMTHITTA, PIN 69.530.
9. JISHA MARY GEORGE, CHANDRATHIL HOUSE, AMAYANNOOR P.O., KOTTAYAM, PIN 68.025. BY DR.K.P.SATHEESAN,SENIOR ADVOCATE BY ADVS.SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR Kss ..2/- ..2.... WPC.NO.1930/2013 M RESPONDENT(S): ---------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, P.O KOTTAYAM 68 560.
2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM 68 560.
3. THE DEPUTY REGISTRAR (SFS) FOR REGISTRAR, SELF FINANCING SECTION, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM 68 560.
4. THE DIRECTOR, UNIVERSITY COLLEGE OF APPLIED SCIENCES, PULLARIKUNNU, MALLOOSSERRY P.O., KOTTAYAM 68 041. BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1930/2013 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER DATED 8 1-2007. EXT.P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER DATED 13 11-2006. EXT.P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 3RD PETITIONER DATED 5 10-2004. EXT.P4 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 4TH PETITIONER DATED 8 1-2007. EXT.P5 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 5TH PETITIONER DATED 8 1-2007. EXT.P6 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 6TH PETITIONER DATED 13 11-2006. EXT.P7 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH PETITIONER DATED 13 11-2006. EXT.P8 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 8TH PETITIONER DATED 13 11-2006. EXT.P9 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 9TH PETITIONER DATED 15 11-2006. EXT.P10 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DATED 10 1-2013. EXT.P11 TRUE COPY OF THE JUDGMENT DATED 27 05-2009 IN WPC NO 1499/2009. EXT.P12 TRUE COPY OF THE JUDGMENT DATED 15 03-2010 IN WA NO 1709/2009. EXT.P13 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 23 10-2010. EXT.P14 TRUE COPY OF THE JUDGMENT DATED 2 1-2013 IN WPC NO 19795/2009. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J.
--------------------------- W.P.(C) No.1930 OF 201.-------------------------- Dated this the 29thday of January, 2013 JUDGMENT
The petitioners are presently working as Lecturers in the University College of Applied Sciences. Petitioners 1 and 8 are working in the centre at Pathanamthitta, petitioners 2 to 7 in the centre at Edappally and the 9th petitioner in the centre at Kottayam. They were appointed after a due process of selection which consisted of a written examination followed by interview. Though initially the appointment was on a contact basis for a period of one year, after a day's break they were reappointed on contract basis. At the time of initial appointment they were paid a consolidated salary of Rs.8,000/- per month which was later raised to Rs.14,000/- with effect from November, 2011. In this writ petition, the petitioners seek an order directing the Mahatma Gandhi University of regularise them in service and to place them in a scale of pay. The petitioners rely on Ext.P11 judgment delivered by a learned single Judge of this Court in W.P.(C). No.1499 of 2009, wherein this Court held that persons like the petitioner who are appointed on contract basis in the school of Technology and Applied Sciences are entitled to be placed in a scale of pay. WPC No.1930/201”
2. When the writ petition came up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners are similarly placed as the petitioners in W.P.(C).No.1499 of 2009, which was disposed of by Ext.P11 judgment, that the said judgment was affirmed by a Division Bench of this Court in W.A.No.1709 of 2009 and thereupon, the said judgment was implemented in favour of the petitioner therein and he was placed in a scale of pay and therefore, the very same benefit may be extended to the petitioners herein. The learned counsel for the respondents did not dispute the said submission. In such circumstances, I dispose of the writ petition with a direction to the competent authority in the Mahatma Gandhi University to extend the benefit of Ext.P11 judgment to petitioners herein by placing them also in a scale of pay. Needful in the matter shall be done and appropriate orders passed expeditiously and in any event within one month from the date on which any one among the petitioners produce a certified copy of this judgment before the Registrar of the Mahatma Gandhi University. P.N.RAVINDRAN, (JUDGE) vps WPC No.1930/2013 3 WPC No.1930/2013 4