Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 2082 of 2014 (I) --------------------------- PETITIONER : -------------------- DR. P.K. BABY DIRECTOR OF STUDENTS WELFARE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KOCHI-22, RESIDING AT UNIT NO.1, TYPE AQUARTERS CUSAT, KALAMASSERY-22. BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) RESPONDENT(S) : ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, THIRUVANANTHAPURAM-695 001.
2. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, KOCHI-682 022. R1 BY GOVT. PLEADER SRI. M.A FAYAZ R2 BY ADVS. SRI.M.R.HARIRAJ, SC, COCHIN UNIVERSITY OF SCIENCE SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2082 of 2014 (I) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT P1. TRUE COPY OF THE NOTIFICATION ISSUED BY THE CUSAT DATED239/2008. EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF G.O.(P) NO.86/2011/FIN. DATED262/2011 WITH ANNEXURES. EXHIBIT P3. TRUE COPY OF THE ORDER
NO.P&D -1 3345/92 DATED108/1993 OF MG UNIVERSITY. EXHIBIT P4. TRUE COPY OF THE ORDER
NO.AD.F2/6055/2010 DATED2311/2010 OF THE CALICUT UNIVERSITY. EXHIBIT P5. TRUE COPY OF THE REPRESENTATION DATED1010/2012 SUBMITTED BEFORE THE2D RESPONDENT. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION SUBMITTED THROUGH PROPER CHANNEL ADDRESSED TO THE1T RESPONDENT PRODUCED ALONG WITH EXT.P5 DATED1010/2012. EXHIBIT P7. TRUE COPY OF THE TABLE OFCOMPARISON OF PAY SCALE OF DIRETOR OF STUDENTS WELFARE/DIRECTOR OF STUDENTS SERVICE/DEAN OF STUDENTS SERVICE. RESPONDENT(S)' EXHIBITS : --------------------------------------------- EXT. R2(a) COPY OF LETTER NO. 52271/PRC-D3/2012/FIN DATED2811.2012. EXT. R2(b) COPY OF ORDER
NO. AD.G2/25338/89 (VIL.3) DATED48.2009. EXT. R2(c) COPY OF LETTER NO. YW/PERSONAL/10-11/64 DATED2511.2010. EXT. R2(d) COPY OF THE RESOLUTION OF THE SYNDICATE VIDE ITEM NO. 567.26 IN ITS MEETING HELD ON101.2011. EXT. R2(e) COPY OF LETTER NO. AD.G3/25338/89 DATED3011.2012. EXT. R2(f) COPY OF LETTER NO. 1482/B2/13/H.EDN DATED2110.2013. EXT. R2(g) COPY OF LETTER NO. AD. G3/25338/98 VOL.II DATED2012.2013. //TRUE COPY// P.A. TO JUDGE Mn C.K. ABDUL REHIM, J.
------------------------------------------------- W.P.(c) No. 2082 OF2014I ------------------------------------------------- DATED THIS THE11h DAY OF FEBRUARY, 2014.
JUDGMENT
The petitioner is working as Director of Students' Welfare in the 2nd respondent University. The Government have introduced Ext.P2 revision of pay, which was implemented with respect to other Universities as evident from Exts.P3 & P4. Grievance of the petitioner is that the pay revision effected by virtue of Ext.P2 is not introduced with respect to the 2nd respondent University, in the post of Director of Students' Welfare. The petitioner had submitted Ext.P5 representation before the Registrar of the 2nd respondent University, as well as Ext.P6 representation before the 1st respondent. Since no action is taken on such representations, this writ petition is filed seeking appropriate directions to implement Ext.P2 and to revise pay scale of the petitioner in accordance with Ext.P2 order.
2. In a statement filed on behalf of the 1st respondent it is mentioned that the petitioner cannot be granted UGC W.P.(c) No.2082/2014 -2- benefit because the recruitment to the post was not done as per the UGC norms. Further it is mentioned that, the administrative department was already addressed to get details regarding the mode of recruitment, educational qualification, duties and responsibilities etc. of the petitioner. It is stated that, further action on the matter will be taken up after getting the details. In the counter affidavit filed by the 2nd respondent it is mentioned that Ext.P5 representation was forwarded to the Government for appropriate action, through Ext.R2 (e) letter dated 30-11- 2012. It is also mentioned that the University had already received Ext.R2 (f) letter from the Government seeking clarification with respect to the position prevailing in other Universities. Accordingly the 2nd respondent had issued letters to other Universities, as per Ext.R2 (g), seeking information on the matter and such informations are awaited from other Universities.
3. From the rival pleadings it is evident that, whether the benefit of Ext.P2 Government order can be W.P.(c) No.2082/2014 -3- extended in the case of the petitioner is a matter which need to be decided by the 1st respondent. Since it is evident that the 1st respondent is in seizin of the matter, interest of justice will be achieved by directing the Government to dispose of the matter on an early basis.
4. Therefore the writ petition is disposed of directing the 1st respondent to consider Exts.P5 & P6 and to take an appropriate decision on the requests made by the petitioner for granting benefit under Ext.P2. A decision in this regard shall be taken, if necessary after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge