Allowed

Lisamma Sebastian v. the Mahatma Gandhi University

Kerala HC27 Nov 2018WP(C)/10040/2018

Case brief

AI extract

What is this about?

A writ petition filed by guest lecturers at a self-financing medical institution challenged the cancellation of a University decision to rectify pay anomalies. The court directed the University to fix pay decisions within two months and pay legitimately due remuneration within three months. The writ petition was disposed of.

What did the court decide?

University to fix pay within two months and pay arrears within three months; Petitioners to furnish service details within one month.

Lisamma Sebastian Vs the Mahatma Gandhi… — Labour and Industrial Disputes | Kerala HC (2018)

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WP(C) No. 10040/2018

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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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TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

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WP(C).No. 10040 of 2018

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PETITIONERS:

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1 LISAMMA SEBASTIAN AGED 52 YEARS W/O.P.J.SEBASTIAN, PARAMPETT HOUSE, VATTUKULAM PO, KADAPOOR, KOTTAYAM 686 587.

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2 HARSHA PRADEEP

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AGED 32 YEARS, W/O.JOSY, BLANTHAYIL HOUSE, SREEKANDAMANGALAM PO, ATHIRAMPUZHA, KOTTYAM 686 562.

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3 DIVYA.S

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AGED 34 YEARS, W/O. DHANANJAYAN .V, PATTERILKAROTTU HOUSE, ARUNAPURAM PO, PALA KOTTAYAM 686 574.

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4 SHIMY JAMES

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W/O. BASIL POULOSE, VELAMMATTATHIL HOUSE, MULAVOOR PO, MUVATTUPUZHA, ERNAKULAM 686 673.

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5 ANITHA N.V NADUKKUDI PUTHANPARAYIL HOUSE, VUKABGY PO, ERNAKULAM 682 021.

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6 BINDU .R AGED 41 YEARS, W/O. MR.K.M.ANIL KUMAR, KOVILAKATHU HOUSE, POOVARANY PO, PAIKA, KOTTAYAM 686 577.

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7 KAVITHA.K AGED 43 YEARS,W/O. SANIL KUMAR P.R, KALABHAVAN, ARPOOKARA EAST PO, KOTTAYAM.

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8 SIMI.K.K AGED 41 YEARS,W/O. PRAVEEN POTHEN,KOCHUTHEKKETHIL HOUSE, VELLAPADU, PALA PO, KOTTAYAM 686 576.

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9 JOSSY JOHN

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AGED 39 YEARS, W/O.BINOY XAVIER, KOLAMKALAYIL HOUSE, MANJOOR PO, KURUPPANTHARA, KOTTAYAM 686 662.

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WP(C) No. 10040/2018

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10 HIMA SOMAN AGED 31 YEARS, W/O.ABHILASH.T.R, AYYAMMELIL HOUSE, MARIKA PO, KOOTHATTUKLAM, ERNKAULAM - 686 662.

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11 ANJU.A AGED 31 YEARS, W/O.ARUN.J, CHELSARA, POOMKAVU, PATHIRAPPALLY PO, ALAPPUZHA 688 521.

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12 NEETHU JOSLIN AGED 32 YEARS, W/O.MANU VINCENT, V FOR VANITHA, JOHNSON ARCADE, BYPASS ROAD, NEAR CARMEL SCHOOL, PALA - 686 575.

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BY ADVS. SRI.A.JAYASANKAR SMT.B.MEERA SMT.PRIYANKA JOSE SRI.ASHWIN SETHUMADHAVAN SRI.MANU GOVIND SRI.RAHUL SURENDRAN SRI.S.SABARINADH ST.PRIYANKA JOSE

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RESPONDENTS:

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1 THE MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS, KOTTAYAM, KERALA 686 560, REPRESENTED BY ITS REGISTRAR.

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2 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITYPRIYADARSINI HILLS, KOTTAYAM, KERALA 686 560.

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3 THE REGISTRAR MAHATMA GANDHI UNIVERSITYPRIYADARSINI HILLS, KOTTAYAM, KERALA 686 560

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4 THE FINANCE OFFICER MAHATMA GANDHI UNIVERSITYPRIYADARSINI HILLS, KOTTAYAM, KERALA 686 560.

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BY ADVS. SRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY SRI.SURIN GEORGE IPE SC M.G.UNIVERSITY

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SRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY, BY GOVERNMENT PLEADER, SRI.S.GOPINATHAN (SR)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 10040/2018

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JUDGMENT

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The petitioners were working as Guest Lecturers in different centres of School of Medical Education (SME), a self financing institution under Mahatma Gandhi University. This institution now stood transferred with effect from 01/07/2017 to Centre for Professional and Advanced Studies (CPAS).

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The University had taken a decision as early on 12/06/2017 to set right anomalies in the remuneration of teachers of self financing institutions affected, with effect from 01/04/2015. It was decided to rectify the mistakes of teaching and non-teaching staffs in the institution.

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This decision appears to have been cancelled subsequently on account of the transfer of the institution to CPAS.

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The petitioners' relief before this Court is the re-fixation of pay by implementing decision of the University. The University will be absolved from paying any remuneration to the teachers only after the transfer of this institution to CPAS. Until the transfer, the University is under obligation to pay remuneration which are legitimately due to such teachers. Therefore, I am of the view that the University shall take appropriate decision to its

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WP(C) No. 10040/2018

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logical conclusion within a period of two months. If the anomalies are set right and the petitioners are found eligible for such additional remuneration, same shall be paid by them within a further period of three months. The petitioners shall furnish all the details of their service before the University within one month.

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Accordingly, the writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C) No. 10040/2018

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT.P1

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A COPY OF ORDER NO.3476/SFI/2017/ADMIN DATED 12/06/2017 ISSUED BY THE IST RESPONDENT, ALONG WITH A RETYPED COPY.

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EXHIBIT.P2 A DETAILED TABLE OF ARREARS OF SALARY PAYABLE TO THE PETITIONERS HEREIN AS PER EXHIBIT P1

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RESPONDENTS EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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Lisamma Sebastian v. the Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

Lisamma Sebastian v. the Mahatma Gandhi University

Case brief

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What did the court decide?

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