Disposed

The Manager, Ansar Arabic College v. Sri.P.Shamsudheen

Kerala HC17 Aug 2017CRP(UTY)/618/2015

Case brief

AI extract

What is this about?

The Division Bench disposed of a criminal revision and writ petitions regarding a dismissed lecturers case. The court directed the court to start a fresh enquiry and ordered immediate payment of subsistence allowance by both the college management and the government.

What did the court decide?

Payment of entire subsistence allowance directed; interim of Rs.1,00,000 to be paid within two weeks; completion of fresh enquiry within three months; employee kept under suspension.

The Manager, Ansar Arabic College Vs… — Labour and Industrial Disputes | Kerala HC (2017)

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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.M.SHAFFIQUE &

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THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

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THURSDAY, THE 17TH DAY OF AUGUST 2017/26TH SRAVANA, 1939

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CRP(UTY).No. 618 of 2015 ()

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AGAINST THE ORDER/JUDGMENT IN UNIVERSITY APPEAL 3/2014 of CALICUT UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM DATED 16-05-2015

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PETITIONER(S)/1ST AND 2ND RESPONDENTS:

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1. THE MANAGER, ANSAR ARABIC COLLEGE VALAVANNUR, MALAPPURAM DISTRICT 676 551.

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2. THE PRINCIPAL

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ANSAR ARABIC COLLEGE, VALAVANNUR, MALAPPURAM DISTRICT - 676 551

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BY ADVS.SRI.V.A.MUHAMMED SRI.K.A.MANZOOR ALI

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RESPONDENT(S)/APPELLANT AND RESPONDENTS 3, 4 AND 5:

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1. SRI.P.SHAMSUDHEEN

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SON OF P.PAREEDKUTTY, LECTURER IN ARABIC (DISMISSED FROM SERVICE), ANSAR ARABIC COLLEGE, VALAVANNUR, MALAPPURAM DISTRICT - 676 551 (RESIDING AT BISMILLAH MANZIL, ODINILAM, P.O.PARAMBIL, KOZHIKODE 673 012)

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2. THE REGISTRAR

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UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM DISTRICT 673 636.

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3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION MANANCHIRA, KOZHIKODE 673 602.

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CRP(UTY).No. 618 of 2015 ()

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4. THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

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R1 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.ANNAPOORNA SMT.B.ANANJANA

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R2 BY SRI.SANTHOSH MATHEW,SC SRI. P.C. SASIDHARAN, SC

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R3 &4 BY GOVERNMENT PLEADER SRI. E.S. ASHRAF

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THIS CRP (UNIVERSITY ACT) HAVING COME UP FOR ADMISSION ON 17-08-2017, ALONG WITH WPC Nos. 9483/2017 & 25072/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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shg/

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A.M. SHAFFIQUE & K.P. JYOTHINDRANATH, JJ.

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- - - - - - - - - - - - - - - - - - - - - - - C.R.P.(UTY) No.618 of 2015, W.P.(C)Nos.9483 & 25072 of 2017 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17^th day of August, 2017

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JUDGMENT

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Shaffique, J.

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The C.R.P.(UTY) No.618 of 2015 is filed against an order passed by the Calicut University Appellate Tribunal, Thiruvananthapuram dated 16.5.2015 in University Appeal No.3/2014. The issue decided by the Tribunal was in regard to an order of dismissal passed by the college against the first respondent in the above C.R.P. The Tribunal by the impugned order found that the order of dismissal was passed in violation of principles of natural justice and accordingly directions have been issued. This revision was filed as early as on 9.11.2015 and so far no steps seems to have been taken either to conduct a fresh enquiry or to pay the subsistence allowance as well.

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The learned counsel appearing for the petitioner submits that he has no objection regarding the conduct of a fresh enquiry. However, he had dispute in regard to the clause which permits reinstatement of service of the

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C.R.P.(UTY) No.618 of 2015, W.P.(C)Nos.9483 & 25072 of 2017 2

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delinquent if the subsistence allowance is not paid within six months from the date of judgment.

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The Management had already issued

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communication to the Director of Collegiate Education to pay the subsistence allowance. But the same had not been paid so far on reasons best known to the department.

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The learned Government Pleader submits that the management did not start any fresh enquiry in the matter and they have even challenged the order of the Tribunal before this court by filing the above CRP as early as on 9.11.2015 and therefore, since the impugned order was under challenge steps were not taken for payment of the subsistence allowance.

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On the other hand the learned counsel appearing for the first respondent submits that no steps had been taken for payment of the subsistence allowance. The Principal had forwarded the bill through the Deputy Director of Collegiate Education, but the payment was not forthcoming. Accordingly, the first respondent filed W.P.(C) 9483/2017 inter alia seeking for a direction to the

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C.R.P.(UTY) No.618 of 2015, W.P.(C)Nos.9483 & 25072 of 2017 3

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respondents to sanction and disburse the entire subsistence allowance due to the petitioner with effect from 2.6.2011.

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W.P.(C) No.25072/2017 has been filed by the Management seeking for a direction to the Government to pay the subsistence allowance to the delinquent employee to enable them to start a fresh enquiry. It is submitted by the learned counsel for the Management that the bills were submitted as early as on 14.12.2015 as evident from Ext.P2 produced in W.P.(C) No.25072/2017.

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Having regard to the respective contentions of the parties, it is rather clear that a fresh enquiry is necessarily to be conducted in regard to the allegations made against the delinquent. The reason for not conducting the enquiry is apparently the non payment of the subsistence allowance and the pendency of C.R.P.(UTY) No.618 of 2015. Insofar as enquiry is necessary in the factual circumstances involved in the case, we are of the view that the following directions will render justice to all the parties involved in the matter. Accordingly, the C.R.P.(UTY) No.618 of 2015 and the writ petitions are disposed of in the following

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C.R.P.(UTY) No.618 of 2015, W.P.(C)Nos.9483 & 25072 of 2017 4

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manner:

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(1) That the entire subsistence allowance due to the delinquent employee shall be paid by the respondents 1 & 2 in W.P.(C) 25072/2017 in the following manner:

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An interim payment of Rs.1,00,000 (Rupees one lakh only) shall be paid within a period of two weeks from today and the balance amount shall be paid within a period of two months.

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(2) The Management of the college shall commence enquiry proceedings afresh as directed by the Tribunal within a period of two weeks from today and shall be completed within a further period of three months.

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(3) The delinquent shall remain under suspension until completion of the enquiry as stated above. It shall be open for the delinquent to approach this court, if any further orders are required.

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Sd/- A.M. SHAFFIQUE

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JUDGE Sd/-

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K.P. JYOTHINDRANATH JUDGE

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//True copy// P.A. TO JUDGE

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shg/

The Manager, Ansar Arabic College v. Sri.P.Shamsudheen

Case brief

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The Manager, Ansar Arabic College v. Sri.P.Shamsudheen

Case brief

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