Disposed

Dr. Nelson P.Abraham v. the Principal, St.Thomas College

Kerala HC22 Jun 2015RP/502/2015

Case brief

AI extract

What is this about?

The Court reviewed a judgment that inadvertently treated the petitioner's appointment as fresh. It directed the State to pay salary from 01.04.2015 subject to a confirmation enquiry by the Director of Collegiate Education to be completed within three months.

What did the court decide?

Directed State to pay salary from 01.04.2015 subject to confirmation enquiry result; Dir. of Collegiate to conclude enquiry in 3 months.

Dr. Nelson P.Abraham Vs the Principal… — Pension and Retirement Benefits | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937

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RP.No. 502 of 2015 (U)

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AGAINST THE JUDGMENT IN W.P.(C).NO.6963 OF 2014, DATED 31-03-2015

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PETITIONER(S)/PETITIONER IN THE W.P.(C) :

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DR. NELSON P.ABRAHAM, ASSOCIATE PROFESSOR, DEPARTMENT OF ZOOLOGY, ST.THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT 'ELANJIMOOTTIL PUTHEN PURACKAL', KAVUMBHAGOM P.O., THIRUVALLA.

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BY ADV. SRI.S.MUHAMMED HANEEFF

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RESPONDENT(S)/RESPONDENTS IN THE W.P.(C) :

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1. THE PRINCIPAL, ST.THOMAS COLLEGE, KOZHENCHERRY-689 641.

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2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM-686 001.

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3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695 001.

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4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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5. MAHATMA GANDHI UNIVERSITY OF KERALA,

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REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, ATHIRAMPUZHA, KOTTAYAM-686 562

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R1 BY ADV. SRI.SURIN GEORGE IPE R2 TO R4 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R5 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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A. MUHAMED MUSTAQUE, J.

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Review Petition No. 502 of 2015 ------------------------------------------Dated this the 22^nd day of June, 2015

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O R D E R

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The petitioner approached this Court aggrieved by nondisbursement of the salary consequent upon the approval of placement, in Selection Grade. Ext.P1 produced along with the writ petition is the order in relation to the approval granted by the University.

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However this court while disposing the matter, treating as a fresh appointment in St.Thomas College, ordered State to pay the salary based on the approval granted to him. In fact it was an inadvertent mistake on the part of the Court while disposing the writ petition.

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In the light of the facts and circumstances, the judgment is reviewed. There shall be a direction to the State to pay the salary to the petitioner in the Selection Grade as per Ext.P1 from 01.04.2015 onwards, subject to any enquiry being conducted by the Director of Collegiate Education as to the confirmation to be granted for approval. The Director of Collegiate Education shall conduct an enquiry and complete the same within three months and if it is found in the enquiry that the petitioner's appointment is in order, the entire arrears

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Review Petition No. 502 of 2015

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shall be paid to the petitioner within a further period of three months. The salary payable to the petitioner at the Selection Grade shall be subject to the decision taken by the Director of Collegiate Education.

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The Review Petition is disposed of.

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Sd/-

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A. MUHAMED MUSTAQUE, JUDGE.

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Dr. Nelson P.Abraham v. the Principal, St.Thomas College

Case brief

What is this about?

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Dr. Nelson P.Abraham v. the Principal, St.Thomas College

Case brief

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