Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 WP(C) NO. 12407 OF 2020 PETITIONER: DR.A.MARIA STARVIN ASSISTANT PROFESSOR, DEPARTMENT OF CHEMISTRY, CHRISTIAN COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM-695572. BY ADVS. SRI.BABU VARGHESE (SR.) SRI.C.V.ALEXANDER RESPONDENTS:
1 THE MANAGER CHRISTIAN COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM-695572. 2 UNIVERSITY OF KERALA REPRESENTED BY THE REGISTRAR, PALAYAM, THIRUVANANTHAPRUAM-695001 3 THE VICE CHANCELLOR UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695001. 4 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.G. JUNCTION, THIRUVANANTHAPURAM, PIN-695001. 5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOLLAM-691013. BY ADVS. SRI.K.JAJU BABU (SR.) SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.PARVATHY K -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.06.2022, ALONG WITH WP(C).13273/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 WP(C) NO. 13273 OF 2021 PETITIONER: DR. A.MARIA STARVIN, ASSISTANT PROFESSOR, DEPARTMENT OF CHEMISTRY, CHRISTIAN COLLEGE, KATTAKADA, THIRUVANANTHAPURAM, KERALA-695572. BY ADVS. BABU VARGHESE (SR.) C.V.ALEXANDER ABHAY FERDINAND RESPONDENTS:
1 THE MANAGER, CHRISTIAN COLLEGE, PARISH ROAD, KATTAKADA, THIRUVANANTHAPURAM, KERALA-695572. 2 THE PRINCIPAL, CHRISTIAN COLLEGE, PARISH ROAD, KATTAKADA, THIRUVANANTHAPURAM, KERALA-695572. 3 UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, PALAYAM, THIRUVANANTHAPURAM, KERALA-695034. 4 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA-695033. 5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM ST. THOMAS SHOPPING COMPLEX, NEAR ORTHODOX BISHOP CHURCH, CROSS JUNCTION, KOLLAM, KERALA-691001. BY ADVS. THOMAS M.JACOB M.S.RADHAKRISHNAN NAIR SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SMT.PARVATHY K. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.06.2022, ALONG WITH WP(C).12407/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner in both these cases is Dr.A.Maria Starvin. He was proceeded disciplinarily by the Christian College, Kattakkada (hereinafter referred to as ‘the College’ for short), on an allegation of unauthorized absence, which led to Ext.P21 order being issued in W.P(C)No.12407 of 2020, awarding him the punishment of ‘Censure’ and treating the period of suspension from 10.02.2015 to 02.11.2015 as Leave Without Allowances.
2. The petitioner challenges this order in the afore mentioned
writ petition as being contrary to law and in blatant violation of the declarations of law by the Hon’ble Supreme Court in UCO Bank and Others v. Rajendra Shankar Shukla [(2018) 14 SCC 92], particularly because he was not even paid his subsistence allowance during the period when he was placed under alleged illegal suspension.
3. While so, on the basis of the afore mentioned order issued
by the College, the petitioner was reinstated in service with effect from 03.11.2015, but alleges that his eligible salary between that day and 31.10.2016 and from 01.09.2019 till date, has not been disbursed to him, without any reason being cited. He alleges that this is perhaps because the erstwhile Principal of the College had refused to make necessary entries in his Service Book, regularizing the period of suspension and such other; and he, therefore, prays that respondents 1 and 2 be directed to make such necessary entries in his Service Book, as has been already directed to them by the 5th respondent- Deputy Director of Collegiate Education, so as to enable him to have his salary released without any further delay.
4. I have heard Sri.Babu Varghese - learned Senior Counsel
instructed by Sri.C.V.Alexander - learned counsel appearing for Dr.A.Maria Starvin; Smt.M.U.Vijayalakshmi- learned counsel appearing for the 1st respondent in W.P(C)No.12407 of 2020; Sri.Thomas M.Jacob - learned Counsel appearing for the respondent No.1 in W.P(C)No.13273 of 2021; Sri.M.S.Radhakrishnan Nair, learned counsel appearing for the erstwhile Principal of the said College; Sri.Thomas Abraham - learned Standing Counsel for the Kerala University and Smt.Parvathy K. - learned Government Pleader appearing for the official respondent.
5. Pertinently, Sri.Thomas M.Jacob - learned counsel for the
1st respondent, submitted that a counter affidavit has been filed on record in W.P(C)No.13273 of 2021, conceding that the erstwhile Principal of the College had made errors with respect to the Service Book of the petitioner. He added that the new Principal will take immediate steps to have the Service Book rectified, so that all eligible salary due to the petitioner can be disbursed to him without delay.
6. After saying as afore, adverting to W.P(C)No.12407 of
2020, Sri.Thomas M. Jacob submitted that Ext.P21 is without fault because the petitioner’s period of suspension has already been regularized as Leave Without Allowances, based on his Medical Certificate. He, therefore, prayed that said writ petition be dismissed.
7. Sri.M.S.Radhakrishnan Nair, learned counsel appearing
for the erstwhile Principal of the College, submitted that all the allegations now levelled against his client by the petitioner and the College are baseless and that he has only acted as per the duties vested in him. He explained that the entries in the Service Book of the petitioner could not be completed because of the various periods of leave availed of by him and since the Deputy Director of Collegiate Education had raised some doubts on the genuineness of the Medical Certificates produced by him. He, therefore, prayed that all the allegations against his client, made in these writ petitions, be repelled and it be declared that he has acted without fault.
8. Sri.Thomas Abraham - learned Standing Counsel for the
Kerala University, submitted that the disputations in this case are squarely between the petitioner and the College and therefore, that his client has no role to play at this stage.
9. Smt.Parvathy K. - learned Government Pleader, submitted
that the Deputy Director of Collegiate Education has only acted in the manner as is mandated by the various Rules and Regulations and that he has sought for certain clarifications from the Principal of the College, which have not yet been offered. She submitted that it is only if the Service Book of the petitioner is properly rectified, can he be granted salary for the periods in question. She added that the Principal also has to submit the Medical Report to be obtained by the petitioner from a properly constituted Medical Board, along with the Service Book, for such purpose.
10. When I evaluate the afore submissions, it is limpid that
there are two broad issues involved in this case: namely, (a) whether Ext.P21 in W.P(C)No.12407 of 2020 is in order to the extent to which it treats the period of suspension of Dr.A.Maria Starvin as Leave Without Allowances; and (b) whether petitioner is entitled to his salary for the periods mentioned in W.P(C)No.13273 of 2021.
11. As far as the latter of the afore issues is concerned, it is
now without doubt that if the entries in the Service Book of Dr.A.Maria Starvin are properly incorporated by the Principal of the College and if a Medical Report as required by the Deputy Director of Collegiate Education is obtained by him and produced along with it, his salary for the periods in question and in future will certainly become eligible to him.
12. That said, as far as Ext.P21 in W.P(C)No.12407 of 2020
is concerned, I find force in the submissions of the learned Senior Counsel - Sri.Babu Varghese because the Manager of the College, while issuing it, has not stated as to why the period of suspension has been treated as Leave Without Allowances. This is relevant because the learned Senior Counsel asserts that his client was not even paid his Subsistence Allowance and that the declarations in Rajendra Shankar Shukla (Supra) would render the suspension itself illegal. In the afore circumstances, the writ petitions are ordered as follows:
(a) W.P(C)No. 12407 of 2020 is allowed and Ext.P21 therein,
to the extent to which the period of suspension of the petitioner between 10.02.2015 and 02.11.2015 is ordered to be Leave Without Allowances, is set aside; with a consequential direction to the Manager of the College to reconsider the same, after affording an opportunity of being heard to him; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
(b) W.P(C)No.134273 of 2021 is allowed and the Principal of
the College is directed to make all necessary entries in the Service Book of the petitioner and same shall be forwarded to the Deputy Director of Collegiate Education within a period of one month from the date of receipt of a copy of this judgment.
(c) On the Service Book of the petitioner being received by
the Deputy Director of Collegiate Education, said Authority will hear the petitioner and decide whether a Medical Report is required to be obtained by him from the competent Board; and if so, an appropriate order shall be issued by the said Authority, without any avoidable delay thereafter.
(d) Subject to the right of the petitioner to challenge any
such order to be issued by the Deputy Director of Collegiate Education, he will obtain a Medical Report as may be required and present it before the said Authority, who will thereupon take every step necessary for disbursement of the salary due to him, without any avoidable delay thereafter but not later than three months therefrom. Sd/- DEVAN RAMACHANDRAN JUDGE MC/30.6 APPENDIX OF WP(C) 12407/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF EACH OF THE LEAVE APPLICATION DATED 26.07.2014 AND MEDICAL CERTIFICATE OF EVEN DATE. EXHIBIT P2 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 01.10.2014. EXHIBIT P2(a) A TRUE COPY OF THE REQUEST DATED 1.10.2014 FOR REJOINING DUTY EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF ATTENDANCE REGISTER EXHIBIT P4 A TRUE COPY OF THE LEAVE APPLICATION DATED 15.10.2014. EXHIBIT P4(a) A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15.10.2014. EXHIBIT P5 A TRUE COPY OF THE MEMO OF CHARGE DATED 24.12.2014. EXHIBIT P6 A TRUE COPY OF THE EXPLANATION DATED 03.01.2015 GIVEN BY THE PETITIONER. EXHIBIT P7 A TRUE COPY OF THE SUSPENSION ORDER DATED 10.02.2015. EXHIBIT P8 A TRUE COPY OF THE REQUEST DATED 22.04.2015 SUBMITTED BY THE PETITIONER. EXHIBIT P8(a) A TRUE COPY OF THE REQUEST DATED 22.04.2015 SUBMITTED TO THE DIRECTOR OF COLLEGIATE EDUCATION. EXHIBIT P9 A TRUE COPY OF THE ORDER NO. A 2/108 A9CCK/15 DATED 13.07.2015 ISSUED BY THE PRINCIPAL EXHIBIT P9(a) A TRUE COPY OF THE NON EMPLOYMENT CERTIFICATE FOR THE PERIOD 10.02.2015 TO 02.11.2015. EXHIBIT P10 A TRUE COPY OF THE MEMO OF CHARGES NO.108/CCK(M)/2015 DATED 27.07.2015. EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 07.08.2015 SUBMITTED BY THE PETITIONER. EXHIBIT P12 A TRUE COPY OF THE LETTER NO.34/CCK/(M)/2015 DATED 22.09.2015 ISSUED BY THE 1ST RESPONDENT MANAGER. EXHIBIT P13 A TRUE COPY OF THE REPLY DATED 03.10.2015 SUBMITTED BY THE PETITIONER. EXHIBIT P14 A TRUE COPY OF THE PROCEEDINGS DATED 29.10.2015. EXHIBIT P15 A TRUE COPY OF THE PROCEEDINGS DATED 03.11.2015. EXHIBIT P16 A TRUE COPY OF THE REPRESENTATION DATED 16.12.2016 SUBMITTED BY THE PETITIONER. EXHIBIT P17 A TRUE COPY OF THE PROCEEDINGS NO.M/01/CCK/2017 DATED 10.01.2017 ISSUED BY THE MANAGER. EXHIBIT P18 A TRUE COPY OF REPRESENTATION DATED 13.01.2017 SUBMITTED BY THE PETITIONER. EXHIBIT P19 A TRUE COPY OF THE LEAVE APPLICATION DATED 26.11.2019 SUBMITTED BY THE PETITIONER. EXHIBIT P20 A TRUE COPY OF THE PROCEEDINGS NO. CCK(M)/5754/2019/TS DATED 30.12.2019 PASSED BY THE 1ST RESPONDENT MANAGER. EXHIBIT P21 A TRUE COPY OF THE PROCEEDINGS DATED 7.01.2020 PASSED BY THE 1ST RESPONDENT MANAGER. EXHIBIT P22 A TRUE COPY OF THE REQUEST LETTER DATED 27.02.2020 SUBMITTED TO THE PRINCIPAL, EXHIBIT P23 A TRUE COPY OF THE PETITION DATED 18.03.2020 SUBMITTED THE VICE-CHANCELLOR OF THE UNIVERSITY OF KERALA. APPENDIX OF WP(C) 13273/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE INITIAL LEAVE
APPLICATION DATED 26/07/2014 FOR A PERIOD OF 67 DAYS FROM 26/07/2014 TO 30/09/2014 SUBMITTED BEFORE THE 2ND RESPONDENT.
Exhibit P1(A) THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26/07/2014SUBMITTED ALONG WITH EXHIBIT P1 LEAVE APPLICATION BEFORE THE 2ND RESPONDENT. Exhibit P2 THE TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE MEDICAL OFFICER DATED Exhibit P2(A) THE TRUE COPY OF THE JOINING REPORT DATED Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF
THE ATTENDANCE REGISTER FOR THE MONTH OF OCTOBER 2014 REVEALING THAT THE PETITIONER WAS PRESENT FOR DUTY FOR THE PERIOD FROM 01/10/2014 TO 14/10/2014. Exhibit P4 THE TRUE COPY OF THE LEAVE APPLICATION DATED 15/10/2014 FOR A PERIOD OF 118 DAYS FROM 15/10/2014 TO 09/02/2015 SUBMITTED BEFORE THE 2ND RESPONDENT. Exhibit P4(A) THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15/10/2014 SUBMITTED ALONG WITH EXHIBIT P4 LEAVE APPLICATION BEFORE THE 2ND RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE SUSPENSION ORDER
NO.4/CCK/2015 DATED 10/02/2015 ISSUED BY THE 1ST RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE ORDER
NO.36/CCK(M)/2015 ISSUED BY THE 1ST RESPONDENT DATED 29/10/2015 REGARDING REINSTATEMENT OF THE PETITIONER IN SERVICE.
Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 03/11/2015 SHOWING THAT THE PETITIONER JOINED FOR DUTY ON THE SAID DATE. Exhibit P8 THE TRUE COPY OF THE ORDER NO.B3- 5TH RESPONDENT REJECTING THE SALARY CLAIM OF THE PETITIONER STATING THAT CERTAIN DISCREPANCIES NEEDED TO BE RECTIFIED REGARDING HIS LEAVE WITHOUT ALLOWANCE AMONG OTHER CORRECTIONS. Exhibit P9 THE TRUE COPY OF THE ORDER NO.
CCK(M)5754/2019/TS DATED 30.12.2019 ISSUED BY THE IST RESPONDENT WHEREBY THE PETITIONER WAS AWARDED CENSURE AS PUNISHMENT. Exhibit P10 THE TRUE COPY OF THE ORDER NO. CCK(M)5754/2019/TS DATED 07.01.2020 ISSUED BY THE IST RESPONDENT WHEREBY THE PERIOD OF SUSPENSION OF THE PETITIONER FRO,M 10.02.2015 TO 02.11.2015 WAS DECIDED TO BE TREATED AS LAVE WITHOUT ALLOWANCE ON MEDICAL CERTIFICATE. Exhibit P11 THE TRUE COPY OF THE ORDER NO. CCK/(M0 THE IST RESPONDENT WHEREBY SANCTION OF LEAVE WAS ACCORDED FOR GRANT OF 67 DAYS OF LWA (MC0 FOR THE PERIOD ROM 26.07.2014 TO 30.09.2014. Exhibit P12 THE TRUE COPY OF THE ORDER NO. CCK(M) THE IST RESPONDENT WHEREBY SANCTION OF LEAVE WAS ACCORDED FOR 18 DAYS OF LWA
(MC) FOR THE PERIOD FROM 15.10.,2014 TO
09.02.2015. Exhibit P13 THE TRUE COPY OF THE INCREMENT CERTIFICATE DATED 30.01.2020 COUNTERSIGNED BY IST AND 2ND RESPONDENT. Exhibit P14 THE TRUE COPY OF THE FIRST REPRESENTATION DATED 20.02.2020 REGARDING NON RECEIPT OF SALARY FILED BEFORE THE 2ND RESPONDENT. Exhibit P14(A) THE TRUE COPY OF THE SECOND REPRESENTATION DATED 20.03.2020 REGARDING NON RECEIPT OF SALARY FILED BEFORE THE 2ND RESPONDENT. Exhibit P15 THE TRUE COPY OF THE LETTER NO.
A1/329/CCK/2020 DATED 07.09.2020 ISSUED BY 2ND RESPONDENT TO THE 5TH RESPONDENT PROVIDING NECESSARY CLARIFICATIONS REGARDING THE ISSUED AND CLAIMING THE SALARY PENDING TO THE PETITIONER FOR CERTAIN MONTHS.
Exhibit P16 THE TRUE COPY OF THE REJECTION LETTER DATED 16.12.2020 ISSUED BY THE 5TH RESPONDENT SEEKING MORE CLARIFICATIONS AND DENYING SALARY DUE TO THE PETITIONER. Exhibit P17 THE TRUE COPY OF THE THIRD REPRESENTATION DATE 20.03.2021 REGARDING NON RECEIPT OF SALARY AND SALARY ARREARS FILED BEFORE THE 2ND RESPONDENT. Exhibit P18 THE TRUE COPY OF A COMMUNICATION BEARING NO.B3/6639/2020/DCEDDKLM DATED 16/3/2022 ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS Exhibit R1 a THE TRUE COPY OF THE MEMO SERVED ON THE PRINCIPAL SHRI. VINCENT HOY VIDE NO CCK
(M) 874/2022/TS DATED 28.5.2022 ISSUED BY
THE IST RESPONDENT Exhibit R1 b THE TRUE COPY OF THE REPLY ISSUED BY SHRI. VINCENT JOY TO THE MEMO ISSUED TO HIM Exhibit R2(a) TRUE COPY OF THE ADVERTISEMENT CAME IN LATEST NEWS OF STARVIN INSTITUTE OF CHEMICAL SCIENCES PUBLISHED IN FACEBOOK. Exhibit R2(b) TRUE COPY OF THE MEDICAL TREATMENT OF SRI.MARIA STARVIN A. ASSISTANT PROFESSOR, CHRISTIAN COLLEGE, KATTAKADA. Exhibit R2(c) TRUE COPY OF THE LETTER NO.A1/794/CCK/19
DATED 14.10.2019 SENT BY THE PRINCIPAL, CHRISTIAN COLLEGE, KATTAKADA TO MANAGER, CHRISTIAN COLLEGE, KATTAKKADA. Exhibit R2(d) TRUE COPY OF THE LETTER NO.807/CCK/2019 DATED 18.10.2019 SENT BY THE PRINCIPAL, CHRISTIAN COLLEGE, KATTAKKADA TO THE PETITIONER. Exhibit R2(e) TRUE COPY OF THE LETTER NO.A1/840/CCK/2019 DATED 4.11.2019 SENT BY THE PRINCIPAL, CHRISTIAN COLLEGE, KATTAKADA TO THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. Exhibit R2(f) TRUE COPY OF THE PROCEEDING NO.B2/94/CCK/21 DATED 1308.2021 ISSUED BY THE PRINCIPAL, CHRISTIAN COLLEGE. KATTAKADA. Exhibit R3(a) TRUE COPY OF THE LETTER RECEIVED EDUCATIONAL AGENCY DATEDON 26.6.2020.