Petitioners challenging termination at probation were directed to take representations for financial benefits still due under the employment terms agreed at the time of engagement before any further order.
Petitioners directed to take representations for financial benefits due under Ext.P1 terms before orders passed within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939
WP(C).No. 25037 of 2012 (D)
PETITIONER(S) :
ASHOKAKUMAR P.S.,
AGED 52 YEARS, SOPANAM, POICKATTUSSERY, CHENGAMANAD P.O., PIN 683 578.
BY ADVS. SRI.P.T.DINESH SRI.AYPE JOSEPH
RESPONDENT(S) :
2. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REP. BY CHAIRMAN, 7TH FLOOR, CHANDERLOK BUILDING, JANPATH, NEW DELHI- 110 001.
3. MAHATHMA GANDHI UNIVERSITY, REP. BY THE REGISTRAR PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM 686 001.
4. SREE NARAYANA GROUP OF INSTITUTIONS OF SCIENCE AND TECHNOLOGY, MANJALY, MANNAM P.O., NORTH PARAVUR 683 520.
R1 BY SR. GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY ADV. SRI.S.KRISHNAMURTHY, S.C, AICTE R3 BY ADV. DR.P.LEELAKRISHNAN, S.C
ADV. SRI.ASOK M. CHERIAN, S.C
ADV. SRI.VIVEK VARGHESE P.J., S.C
R4 BY ADV. SRI.K.B.GANGESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2017, ALONG WITH W.P(C).NO. 28552 OF 2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 25037 of 2012 (D)
APPENDIX
PETITIONER(S)' EXHIBITS :
| EXT.P-1 | MEMORANDUM NO.GT/GL/AO/2011/65 DATED 02/07/2011 THE 4TH RESPONDENT, APPOINTING THE PETITIONER AS INSTRUCTOR. |
|---|---|
| EXT.P1(A) | OFFICE ORDER ALLOCATING PETITIONER'S DUTIES DATED 03/07/2011. |
| EXT.P-2 | ORDER NO.GT/GL/2012/65, DATED 22/09/2012 OF THE 4TH RESPONDENT TERMINATING THE SERVICE OF THE PETITIONER. |
| EXT.P-3 | F.NO.SWRO-2010-1-7689391, DATED 01/11/2010 OF THE 2ND RESPONDENT ISSUED TO THE 4TH RESPONDENT. |
| EXT.P-4 | G.O(RT) NO.1409/10/H.EDN. DATED 17/07/2010 ISSUED BY GOVT. OF KERALA TO THE 4TH RESPONDENT. |
| EXT.P-5 | G.O(MS) NO.23/2005/H.(EDN) DATED 26/03/2005 THE GOVERNMENT |
| EXT.P5(A) | DECISION OF 3RD RESPONDENT IN ITS MEETING HELD ON 02/12/2005. |
| EXT.P-6 | TRUE COPY OF THE INFORMATION THAT THE 2ND RESPONDENT FURNISHED TO THE PETITIONER DATED 15/06/2012. |
| EXT.P-7 | TRUE COPY OF THE REPRESENTATION SENT TO THE 2ND RESPONDENT AND THE GOVT. OF KERALA BY THE PETITIONER DATED 10/10/2012. |
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
ANU SIVARAMAN, J.
W.P.(C) Nos.25037 of 2012 &
28552 of 2012
Dated this the 23rd day of March, 2017
J U D G M E N T
The complaint raised in these writ petitions is with regard to the termination of the appointment of the petitioners who were employees of the 4th respondent-institution.
In the above view of the matter, these writ petitions are disposed of directing the 4th respondent to take up and consider any representations to be preferred by the petitioners seeking any financial benefits still due to them in terms of Ext.P1 order
W.P.(C) Nos.25037/2012 & 28552/2012
2
and pass orders on the same within a period of one month from
the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE
smp
1 issue framed by the court
Whether the termination of two employees at the end of their probation period without specific reasons is legally sustainable given the terms accepted in the employment offer.
Ashokakumar P.S.
State of Kerala, Rep. by Principal Secretary, Department of Higher Education
All India Council for Technical Education
Mahathma Gandhi University
Sree Narayana Group of Institutions of Science and Technology
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
