Dismissed

Sheeba Singh G.J v. State of Kerala

Kerala HC14 Nov 2018WP(C)/19340/2018

Case brief

AI extract

What is this about?

The petitioner sought deputation to A.P.J. Abdul Kalam Technological University, claiming seniority over the appointed fourth respondent. The Court held that since the fourth respondent applied first for the deputation vacancy, her appointment was regular. The vacancy period having expired, the petition was dismissed without affecting the petitioner's statutory option. The judgment addresses senio

What did the court decide?

Writ petition dismissed; order clarified that the dismissal does not affect the petitioner's option under Section 7(3).

Sheeba Singh G.J Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (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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WEDNESDAY, THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

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WP(C).No.19340 of 2018

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PETITIONER/S:

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SHEEBA SINGH G.J., W/O. ANILKUMAR N., AGED 45, SECTION OFFICER (HIGHER GRADE), SCHOOL OF INDUSTRIAL FISHERIES, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY (CUSAT), LAKESIDE CAMPUS, FINE ARTS AVENUE, ERNAKULAM, COCHIN - 16, RESIDING AT THEJUS, VITTIYODE TOWN, PARASSALA.

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BY ADV. SRI.M.SREEKUMAR

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RESPONDENT/S:

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

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2 A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS, THIRUVANANTHAPURAM - 695 016, REPRESENTED BY ITS REGISTRAR.

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3 COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY (CUSAT) REPRESENTED BY ITS REGISTRAR, CUSAT CAMPUS, KOCHI UNIVERSITY P.O., THRIKKAKKARA NORTH (PART), KOCHI - 682 022.

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4 MAHAMAYA V.J., SECTION OFFICER, UNIVERSITY OF CALICUT, RESIDING AT A47, AMBIKA NIVAS, VJ LANE, VELLAYAMBALAM, THIRUVANANTHAPURAM -695 010.

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BY ADVS. SRI.AYYAPPAN SANKAR SRI.S.KRISHNAMOORTHY, SC, KTU SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SRI.SHAMMI VIJAYAN SRI.S.KRISHNAMOORTHY SC KTU SRI.VIPIN D.G. SC COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19340 of 2018 2

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JUDGMENT

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The petitioner, Section Officer(Higher Grade) in the third respondent University, applied in a deputation vacancy of Section Officer in A.P.J. Abdul Kalam Technological University. Smt.Mahamaya V.J., Section officer, in Calicut University was considered and appointed in the deputation vacancy. The petitioner’s case is that Mahamaya is junior to the petitioner in the seniority list based on an option under Section 7(3) of the A.P.J. Abdul Kalam Technological University Act, 2015 (for short, the Act) and therefore, she should be given the vacancy in deputation. There are two modes of appointing the Section Officer. One is based on the seniority of Section Officers from the other University as prepared under the statutory provisions under Section 7(3) of the Act. The other mode as referable under Section 7(4) based on deputation. The deputation is considered based on the seniority of application. Admittedly, Mahamaya, the fourth respondent applied first. That be the case, there is no irregularity in appointing the fourth respondent in deputation. It is to be noted that the vacancy exits for only one year and half of the

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WP(C).No.19340 of 2018 3

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deputation period is over. The writ petition, therefore, is dismissed. However, it is made clear that this will not affect the option exercised by the petitioner under Section 7(3) of the Act.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER G.O.(MS) NO. 1/2016/H.EDN. DATED 01.01.2016. EXHIBIT P2 TRUE COPY OF CIRCULAR DATED 11.08.2016 BEARING NO. KTU/A/333/2016 ISSUED BY THE 2ND RESPONDENT UNIVERSITY. EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO. AD.A1/000548/KTU/2016 DATED 11.08.2016 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE OPTION SUBMITTED BY THE PETITIONER DATED 17.08.2016 BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER NO. AD.A1/000548/KTU/2016 DATED 26.08.2016 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE SENIORITY LIST OF THE APPLICANTS WHO HAVE SUBMITTED OPTION BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 14.07.17 SUBMITTED BY SAJEEV KUMAR N. UNDER RTI ACT BEFORE PUBLIC INFORMATION OFFICER OF 2ND RESPONDENT UNIVERSITY.

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WP(C).No.19340 of 2018 4

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EXHIBIT P8 TRUE COPY OF THE LETTER NO. KTU/17/364/2015 DATED 16.08.2017 ISSUED FROM THE 2ND RESPONDENT UNIVERSITY.

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EXHIBIT P9 TRUE COPY OF THE LETTER NO. AD.A1/16019/2015 DATED 24.05.18 FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P10 TRUE COPY OF THE ORDER NO. KTU/AR/ (ADMN)/2495/2017 DATED 07.06.2018 OF THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS:NIL.

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Sheeba Singh G.J v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheeba Singh G.J v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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