Dismissed

Saju P.Jacob v. Mahatma Gandhi University

Kerala HC29 Jun 2009WP(C)/6628/2009

Case brief

AI extract

What is this about?

Petitioners seeking promotion claimed non-compliance with a prior judgment. The Court found the University had obtained sanction and complied with the previous order, dismissing the writ petition.

What did the court decide?

The writ petition was disposed of upon satisfaction that the University had complied with the previous judgment by obtaining necessary sanction for promotions.

Saju P.Jacob Vs Mahatma Gandhi University — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931

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WP(C).No. 6628 of 2009(W)

PETITIONERS:

SAJU.P.JACOB, PEON, M.G.UNIVERSITY STUDY CENTRE, THODUPUZHA.

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NARAYANAN NAMBOOTHIRI.K, PEON, GENERAL STORE, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM.

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MYMOON BEEVI.M.S., PEON, ACADEMIC SECTION, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM.

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KARTHIKEYAN.V, PEON, SCHOOL OF ENVIRONMENTAL SCIENCE, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM.

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BY MR.S.P.ARAVINDAKSHAN PILLAY, ADVOCATE.

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MS.N.SANTHA, ADVOCATE. MR.K.A.BALAN, ADVOCATE.

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MR.PETER JOSE CHRISTO, ADVOCATE. MR.S.A.ANAND, ADVOCATE.

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RESPONDENTS:

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MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN - 686 560.

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THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM PIN 686 560.

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BY MR.T.A. SHAJI, SC, M.G.UNIVERSITY.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6628/2009

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A P P E N D I X

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PETITIONER'S EXHIBITS:

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EXT. P1	:	COPY OF LETTER No.AD.A.ii(1) 312/96 DTD. 26.7.96 OF REGISTRAR, UNIVERSITY OF KERALA, ADDRESSED TO REGISTRAR, MAHATMA GANDHI UNIVERSITY.
EXT. P2	:	COPY OF JUDGMENT IN W.P.(C) No.24834/06-F DTD. 14.1.08 OF THIS HON'BLE COURT.
EXT. P3	:	COPY OF REPRESENTATION SUBMITTED BY 4TH PETITIONER TO REGISTRAR OF UNIVERSITY DTD. 26.11.08.
EXT. P4	:	COPY OF REPRESENTATION SUBMITTED BY 4TH PETITIONER ADDRESSED TO HIS EXCELLENCY THE GOVERNOR OF KERALA.
EXT. P5	:	COPY OF MEMO No.AD.A3/1-155/2008 DTD. 23.12.08 OF REGISTRAR OF THE UNIVERSITY.

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RESPONDENT'S EXHIBITS: NIL.

// True Copy //

P.A. to Judge.

smp

T.R. RAMACHANDRAN NAIR, J.

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--------------------------------------W.P.(C) No.6628 OF 2009

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Dated this the 29^th day of June, 2009.

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J U D G M E N T

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The petitioners are working as Class IV employees under the 1^st respondent-University namely, in the category of Peons. They are claiming promotion as Clerical Assistants. Earlier by Exhibit P2 judgment, this Court directed that the claims of the persons like the petitioners will be considered in accordance with the qualifications so prescribed in the existing and ensuing vacancies to the post of Clerical Assistants. The said judgment has become final. Thereafter, the petitioners have approached this Court by filing this writ petition complaining that no positive action is being taken by the University to comply with the directions in the judgment. They had in the meanwhile filed Exhibits P3 and P4 representations also.

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This Court, on 24.03.2009, passed the following interim order:

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“Heard both sides. If Ext.P2 judgment of this court has not been varied or set aside, the

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W.P.(C) No.6628/2009

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respondents shall comply with the directions issued therein in the matter of effecting promotions to the category of clerical assistants. Respondents shall also fill up the existing vacancies of clerical assistants, on the terms of Ext.P2 judgment. Orders in that regard shall be passed within two months from today”.

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Thereafter an affidavit has been filed on behalf of the respondents seeking for extension of time in the matter. Later by order dated 11.06.2009, sanction has been accorded by the Vice-Chancellor to implement the decision contained in the judgment forthwith and to effect promotions to the category of Clerical Assistants from among Class IV employees who have passed SSLC or equivalent qualifications as prescribed in the Ordinance. A copy of the said orders was placed before me for perusal by the Standing Counsel.

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In that view of the matter, directions issued by this Court in Exhibit P2 have been complied with. It is stated by the learned standing counsel for the University that in the vacancies which may arise, the claim of the petitioners also will be considered in

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W.P.(C) No.6628/2009

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accordance with their qualifications, and appropriate action will be taken in the matter expeditiously. Recording the same, this

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writ petition is disposed of.

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T.R. RAMACHANDRAN NAIR JUDGE

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smp

Saju P.Jacob v. Mahatma Gandhi University

Case brief

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Saju P.Jacob v. Mahatma Gandhi University

Case brief

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