In a writ petition, the High Court of Kerala ordered the Director of Collegiate Education to decide the petitioner's claim for UGC scale pay within two months, citing prior judgments, while directing explanation for filing delay.
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 MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
WP(C).No. 17337 of 2018
PETITIONER/S:
DR.SAJEEVKUMAR G,
AGED 53 YEARS, ASSOCIATE PROFESSOR, DEPARTMENT OF PHYSICS, S.N.COLLEGE, KOLLAM, NOW RESIDING AT KARUNALAYAM, PRAYAR (NORTH),PRAYAR (PO), ALAPPUZHA (DIST.), PIN-690547.
BY ADVS. SRI.R.ANILKUMAR SRI.G.RADHAKRISHNAN
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-691001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, VIKAS BHAVAN (PO),THIRUVANANTHAPURAM, PIN-695033.
3 THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM-695034.
5 THE MANAGER S.N.TRUST KOLLAM KOLLAM(PO), PIN-691001.
BY ADVS. SRI.A.N.RAJAN BABU SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
OTHER PRESENT:
BY SMT.NISHA BOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.17337/2018
2
JUDGMENT
The petitioner is an Associated Professor in the Department of Physics. He approached this Court claiming UGC scale of pay. The petitioner's request vide Ext.P10 is pending before the Director of Collegiate Education. In fact, this Court had considered the similar issue. Exts.P4 and P8 judgments are related to similar matters.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE PHOTOCOPY OF THE APPOINTMENT ORDERS |
|---|---|
| DATED 11.1.1996. | |
| EXHIBIT P2 | THE TRUE PHOTOCOPY OF THE ORDER |
| ACF.1.4704/95 DATED 10.1.1997. | |
| EXHIBIT P3 | THE TRUE PHOTOCOPY OF THE GO(P) |
| NO.171/99/H.EDN. DATED 21.12.1999. |
WPC.17337/2018
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EXHIBIT P4 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WA NO.2780/1999 AND THE OP NO.17385/1999 DATED 18TH NOVEMBER, 2000. EXHIBIT P5 THE TRUE PHOTOCOPY OF THE JUDGMENT IN OP NO.13150 OF 2003(M) DATED 11.4.2003. EXHIBIT P6 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.15117 OF 2003(M) DATED 7.11.2006. EXHIBIT P7 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.13371 OF 2007 (P) DATED 6TH JULY, 2009. EXHIBIT P8 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WA NO.2621/2009 DATED 6.2.2014. EXHIBIT P9 THE TRUE PHOTOCOPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN SPECIAL LEAVE TO APPEAL AS (C) NO.26596 OF 2014 DATED 31.7.2017. EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 18.3.2018. /TRUE COPY/ P.S TO JUDGE CL
1 issue framed by the court
Whether to consider the petitioner's claim for UGC scale pay having regard to similar judgments and explain delay in approaching authorities.
Colour shows how this judgement treated each authority
WA NO.2780/1999Referred¶23
WA NO.2780/1999
OP NO.13150 OF 2003(M)Referred¶23
OP NO.13150 OF 2003(M)
WP(C) NO.15117 OF 2003(M)Referred¶23
WP(C) NO.15117 OF 2003(M)
WP(C) NO.13371 OF 2007 (P)Referred¶23
WP(C) NO.13371 OF 2007 (P)
WA NO.2621/2009Referred¶23
WA NO.2621/2009
SPECIAL LEAVE TO APPEAL AS (C) NO.26596 OF 2014Referred¶23
SPECIAL LEAVE TO APPEAL AS (C) NO.26596 OF 2014
DR.SAJEEVKUMAR G
THE STATE OF KERALA
THE DIRECTOR OF COLLEGIATE EDUCATION
THE UNIVERSITY OF KERALA
THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
THE MANAGER S.N.TRUST KOLLAM
A.MUHAMED MUSTAQUE
A.MUHAMMED MUSTAQUE
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
