Partly allowed

Anuraj Mohan v. State of Kerala

Kerala HC28 Sept 2012WP(C)/3492/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought approval for appointment and salary in a deputation vacancy. The Court noted the petitioner had been shifted with approval from the University. Relied upon Jinsu Varghese to declare the denial unsustainable and directed the Director of Technical Education to implement salary approval.

What did the court decide?

The second respondent was directed to pass orders for sanction and disbursement of salary to the petitioner in the post of Lecturer in Computer Science and Engineering w.e.f. 03/02/2011 within three m

Anuraj Mohan Vs State of Kerala — Education and Admissions | Kerala HC (2012)

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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 P.R.RAMACHANDRA MENON

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FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934

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WP(C).No. 3492 of 2012 (J)

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PETITIONER:

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ANURAJ MOHAN, AGED 28 YEARS LECTURER IN COMPUTER SCIENCE AND ENGINEERING NSS COLLEGE OF ENGINEERING (NAIR SERVICE SOCIETY COLLEGE OF ENGINEERING)PALAKKAD.

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BY ADVS.SRI.K.JAJU BABU

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SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. THE JOINT DIRECTOR OF TECHNICAL EDUCATION, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION LINK ROAD,KOZHIKODE-673002.

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3. UNIVERSITY OF CALICUT,

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CALICUT UNIVERSITY.P.O,MALAPPURAM

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REPRESENTED BY ITS REGISTRAR,PIN-673635.

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4. THE MANAGER AND CHAIRMAN OF THE GOVERNING BODY,

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NSS COLLEGE OF ENGINEERING(NAIR SERVICE SOCIETY

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COLLEGE OF ENGINEERING) NSS HEAD OFFICE,

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PERUNNA,CHANGANASSERY, PIN:686102.

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R1 & R2 BY ADV. GOVERNMENT PLEADER, SNT.K.A.LOWSY R3 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUT UNIVERSITY R4 BY ADV. SRI.P.GOPAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3492 of 2012 (J)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT-P1 COPY OF THE ORDER NO.GAII/C3/1308/06 DATED 16.5.2007 OF THE 3RD RESPONDENT UNIVERSITY.

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EXT-P2 COPY OF THE RELEVANT EXTRACT OF GO(MS)NO.55/08/H.EDN.DATED 24.5.2008 ISSUED BY THE GOVERNMENT.

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EXT-P3 COPY OF THE ORDER NO.A3/1955/2010 DATED 31.10.2011 ISSUED BY THE 2ND RESPONDENT.

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EXT-P4 COPY OF GO(RT)NO.257/2010/H.EDN.DATED 25.6.2010 ISSUED BY THE GOVERNMENT.

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EXT-P5 COPY OF THE REPRESENTATION DATED 1.7.2010 SUBMITTED BY THE PETITIONER TO THE MINISTER FOR EDUCATION.

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EXT-P6 COPY OF THE REPORT NO.L2/31409/2009/(2)DATED 18.8.2010 SUBMITTED BY THE DIRECTOR OF TECHNICAL EDUCATION BEFORE THE GOVERNMENT.

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EXT-P7 COPY OF THE ORDER NO.F/3732/2010 DATED 10.7.2010 ISSUED BY THE 4TH RESPONDENT.

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EXT-P8 COPY OF GO(MS)317/2010/H.EDN.DATED 22.9.2010 ISSUED BY THE GOVERNMENT.

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EXT-P9 COPY OF GO(MS)376/2010/H.EDN.DATED 15.11.2010 ISSUED BY THE GOVERNMENT.

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EXT-P10 COPY OF GO(MS)NO.180/2011/H.EDN.DATED 5.9.2011 ISSUED BY THE GOVERNMENT.

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EXT-P11 COPY OF THE ORDER NO.F/1701/1/2011 DATED 3.2.2011 ISSUED BY THE 4TH RESPONDENT

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EXT-P12 COPY OF THE ORDER NO.GAII /C3/1467/2011 DATED 29.11.2011 ISSUED BY THE 3RD RESPONDENT.

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EXT-P13 COPY OF THE ORDER NO.A3/1955/10 DATED 19.5.2011 ISSUED BY THE 2ND RESPONDENT.

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EXT-P14 COPY OF THE REPRESENTATION DATED 20.11.2011 SUBMITTED BY THE PETITIONER TO THE CHIEF MINISTER IN HIS COMPLAINTS REDRESSAL PROGRAMME.

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WP(C).No. 3492 of 2012 (J)

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EXT-P15 COPY OF LETTER NO.L2/31409/2009 DATED 29.11.2011 ISSUED BY THE DIRECTOR OF TECHNICAL EDUCATION.

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EXT-P16 COPY OF THE COMMUNICATION NO.RDP3/1955/10 DATED 5.1.2012 OF THE 2ND RESPONDENT.

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EXT-P17 COPY OF the JUDGMENT DATED 14.10.2011 IN W.P(C)3019/2011 OF THIS HON'BLE COURT.

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EXT-P18 COPY OF LETTER NO.5294/13/2011/H.EDN.,DATED 2.1.2012 ISSUED BY THE GOVERNMENT TO THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS :

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EXT.R4(a): TRUE COPY OF THE ORDER DT 01/02/2006 OF THE CHAIRMAN OF THE N.S.S. COLLEGE OF ENGINEERING, PALAKKAD

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EXT.R4(b): TRUE COPY OF THE ORDER OF THE CALICUAT UNVIERSITY DT 19/4/2010. COLLEGE OF ENGINEERING, PALAKKAD.

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EXT.R4(d): TRUE COPY OF THE LETTER OF THE PRINCIPAL OF THE N.S.S. COLLEGE OF ENGINEERING, PALAKKAD, DT. 13/9/2010 AND 16/5/2011.

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EXT.R4(e): TRUE COPY OF THE LETTER SENT BY THE PRINCIAL, N.S.S. COLLEGE OF ENGINEERING, PALAKKAD TO THE DIRECTOR OF TECHNICAL EDUCATION DT 17/1/2012.

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EXT.R4(f): TRUE COPY OF THE LETTER SENT BY THE PRINCIAL N.S.S. COLLEGE OF ENGINEERING, PALAKKAD TO THE REGISTRAR OF, UNIVERSITY OF CALICUT DT 21/12/2010.

//TRUE COPY//

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 3492 OF 2012

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Dated this the 28^th day of September , 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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i. Declare that Ext.P4 and P10 is illegal and unsustainable and in applicable in the matter of approval of the appointment of the petitioner to the QIP deputation vacancy as per Ext.P7 in continuation to the earlier appointments approved as per Ext.P3.

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ii. Issue a writ of certiorari or other appropriate writ, order or direction calling for Exts.P13 and P16 and quash the denial of approval for appointments of the petitioner as per Exts.P7 and P11 and denial of salary ;

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iii. Issue a writ of mandamus or such other writ or order or direction directing the respondents 2 and 3 to approve the appointments of the petitioner as per Ext.P7 and P11 and grant him all consequential benefits including salary as per G.O.(P)389/10/H.Edn. dated 7.2.2010;

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iv. Issue such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case ;

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v. Award cost of this petition.

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When the matter came up for consideration before this

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Court on the last occasion, the learned Government Pleader sought for

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W.P.(C)No.3492/2012 2

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time to ascertain the position with regard to the submission made by the learned counsel for the petitioner that the issue is squarely covered by the decision reported in 2011 (2) KHC 332 ( Jinsu Varghese (Dr.) v. Manager and others ).

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Heard the learned counsel for the petitioner, the learned

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Standing Counsel for the University and the learned Government Pleader.

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It remains a fact that the petitioner, who has hitherto been working in a deputation vacancy has been shifted to the vacancy of Smt.Sindhu.S., Lecturer in Computer Science and Engineering promoted as Assistant Professor w.e.f 03/02/2011 by the fourth respondent as per Ext.P11 dated 3.2.2011. The Syndicate has confirmed the same and the third respondent University has approved the same as per Ext.P19 order dated 8.2.2012( produced along with I.A.No.11606/2012) in continuation of earlier appointments. This being the position, in so far as the same is not under challenge, this Court finds it difficult to sustain the impugned order in view of the law declared by this Court in crystal clear terms, as per the decision cited supra.

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W.P.(C)No.3492/2012

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In the said circumstances, there will be a direction to the second respondent to pass appropriate orders with regard to sanction and disbursement of salary to the petitioner in the post of Lecturer in Computer Science and Engineering w.e.f. 03/02/2011 in tune with the approval granted by the third respondent vide Ext.P19. The proceedings shall be completed, as expeditiously as possible, at any rate within three months from the date of production of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition and I.A.No.11606/2012 before the second respondent for further steps.

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The writ petition is disposed of.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.3492/2012 4

Anuraj Mohan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anuraj Mohan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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