State of Kerala and Others Vs. S.Anil Kumar and Others

State of Kerala and Others vs S.Anil Kumar and Others

Type Court Judgment Court Kerala Decided Feb 06, 2014

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https://sooperkanoon.com/case/1128545

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Citation: sooperkanoon.com/1128545
Court: Kerala High Court
Judge: Honourable Mr.Justice Thottathil B.Radhakrishnan
Decided On: Feb 06, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

State of Kerala and Others

Respondent

S.Anil Kumar and Others

Excerpt

.....ie., a few days short of 5 months after the appointment of the petitioners in this case. the division bench withdrawing the original petition filed by santhoshlal w.a..no.2621/2009 2 decided it along with a writ appeal filed challenging the interim order in that original petition. the bench dilated on the effect of clause 5 of the pre-degree course (abolition) act and held that there was no total ban of appointment and even according to the empower committee, the proposal for ban would not take in posts which related to period prior to 03.06.1997, the date on which the ordinance prohibiting creation or filling up of posts in the wake of pdc de-linking came into effect. santhoshlal's case was thus decided by the division bench holding that in that case, vacancy arose before 03.06.1997 and santhoshlal having been appointed as against that vacancy under ugc scheme, his appointment was approved and he was, therefore, eligible to be paid. 3.in the case in hand, the petitioners were appointed on 05.03.1997, even before santhoshlal. that appointment was against a substantive vacancy. the substantive vacancy had arisen, obviously, before the above noted cut off date. there is no reason to identify those posts in the department of mathematics or department of botany in the s.n.college, kollam, as posts which were to be earmarked to be de-linked w.a..no.2621/2009 3 along with the pdc de-linking process. under such circumstances, we find no ground to interfere with the impugned judgment of the learned single judge since all that the writ petitioners got under that judgment is the benefit that santhoshlal got in terms of ext.p5 judgment of the division bench. the writ appeal, hence, fails. in the result, this writ appeal is dismissed. no costs. let the amounts due in terms of the judgment of the learned single judge will reach the writ petitioners on or before 30.04.2014, going by the norms as to apportionment towards provident fund etc. sd/- (thottathil b.radhakrishnan,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE6H DAY OF FEBRUARY201417TH MAGHA, 1935 WA.No. 2621 of 2009 ( ) ---------------------------------------- AGAINST THE ORDER

/JUDGMENT

IN WP(C) 13371/2007 of HIGH COURT OF KERALA DATED0607-2009 APPELLANT(S)/RESPONDENTS13 & 4 IN THE WPC: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.

2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.

3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, SOUTH ZONE, KOLLAM. BY SENIOR GOVERNMENT PLEADER, SRI.NOBLE MATHEW RESPONDENT(S)/PETITIONERS & RESPONDENTS2& 5 IN THE WPC: ----------------------------------------------------------------------------------------------------- 1. S.ANIL KUMAR, LECTURER IN BOTANY, SREENARAYANA COLLEGE, KOLLAM.

2. S.BAIJU, LECTURER IN MATHEMATICS, SREENARAYANA COLLEGE, PUNALUR.

3. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM.

4. THE MANAGER, S.N.TRUST, KOLLAM. R1 & R2 BY ADV. SRI.M.S.RADHAKRISHNAN NAIR R3 BY ADVS. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. SRI.M.RAJAGOPALAN NAIR R4 BY ADV. SRI.A.N.RAJAN BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON0602-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG THOTTATHIL B.RADHAKRISHNAN & A.MUHAMED MUSTAQUE, JJ.

------------------------------------------------------------------ W.A.No.2621 of 2009 ------------------------------------------------------------------- Dated this the 6th day of February, 2014

JUDGMENT

Thottathil B.Radhakrishnan, J.

1.Heard the learned Senior Government Pleader, the learned counsel for the University, the learned counsel for the private respondents/writ petitioners and the learned counsel for the Management. 2.The writ petitioners were appointed on 05.03.1997 as against substantive vacancies (retirement vacancies) in S.N.College under the Sree Narayana Trust. They were placed in a scale of pay of Rs.2060-3200 + DA and other admissible allowances on a pay of Rs.2,060/- per month. They claimed benefit at par with Sri.Santhoshlal P.S who obtained Ext. P5 judgment of this Court. Santhoshlal was appointed in the same college as lecturer on 01.08.1997, ie., a few days short of 5 months after the appointment of the petitioners in this case. The Division Bench withdrawing the original petition filed by Santhoshlal W.A..No.2621/2009 2 decided it along with a writ appeal filed challenging the interim order in that original petition. The Bench dilated on the effect of Clause 5 of the Pre-Degree Course (Abolition) Act and held that there was no total ban of appointment and even according to the Empower Committee, the proposal for ban would not take in posts which related to period prior to 03.06.1997, the date on which the ordinance prohibiting creation or filling up of posts in the wake of PDC de-linking came into effect. Santhoshlal's case was thus decided by the Division Bench holding that in that case, vacancy arose before 03.06.1997 and Santhoshlal having been appointed as against that vacancy under UGC Scheme, his appointment was approved and he was, therefore, eligible to be paid. 3.In the case in hand, the petitioners were appointed on 05.03.1997, even before Santhoshlal. That appointment was against a substantive vacancy. The substantive vacancy had arisen, obviously, before the above noted cut off date. There is no reason to identify those posts in the Department of Mathematics or Department of Botany in the S.N.College, Kollam, as posts which were to be earmarked to be de-linked W.A..No.2621/2009 3 along with the PDC de-linking process. Under such circumstances, we find no ground to interfere with the impugned judgment of the learned single Judge since all that the writ petitioners got under that judgment is the benefit that Santhoshlal got in terms of Ext.P5 judgment of the Division Bench. The writ appeal, hence, fails. In the result, this writ appeal is dismissed. No costs. Let the amounts due in terms of the judgment of the learned single Judge will reach the writ petitioners on or before 30.04.2014, going by the norms as to apportionment towards Provident Fund etc. Sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/- (A.MUHAMED MUSTAQUE, JUDGE) //TRUE COPY// P.A TO JUDGE DG

Same Court & Year Kerala · 2014 Same Parties State of Kerala and Others vs S.Anil Kumar and Others Same Subject Land Acquisition Same Judge Honourable Mr.Justice Thottathil B.Radhakrishnan