Disposed

Faizal P v. Kannur University

Kerala HC15 Nov 2018WP(C)/21425/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by directing Kannur University to pay salary to the petitioner, a contract-based Assistant Professor, for the period he continued on interim directions, contingent upon executing an agreement with the University.

What did the court decide?

Direction to the University to accredit salary for the period the petitioner worked while continuing on an interim basis, subject to the execution of an agreement.

Faizal P Vs Kannur University — Service and Employment | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

¶5

WP(C).No.21425 of 2017

¶6

PETITIONER:

¶7

FAIZAL P DIRECTOR, SCHOOL OF HEALTH SCIENCES, KANNUR UNIVERSITY, RESIDING AT 'ROSEBED', CHADALAPPUZHA ROAD,KODIYOOR P.O., THALASSERY, KANNUR-670642.

¶8

BY ADVS. SRI.S.MUHAMMED HANEEF KUM.SHERIN SUSY PAUL SRI.M.H.ASIF ALI SRI.T.SAILESH KUMAR

¶9

RESPONDENT/S:

¶10

1 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, CIVIL STATION, KANNUR P.O., KANNUR-670002.

¶11

2 VICE CHANCELLOR KANNUR UNIVERSITY,CIVIL STATION, KANNUR P.O., KANNUR-670002.

¶12

3 PRO VICE CHANCELLOR KANNUR UNIVERSITY,CIVIL STATION, KANNUR P.O., KANNUR-670002.

¶13

BY ADVS. SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

W.P.(C) No.21425/2017

¶16

¶17

J U D G M E N T

¶18

The petitioner is working on contract basis in the Department of Medical Biochemistry, Palayad under the Kannur University. This Court passed an interim order on 29.06.2017 which reads as follows:

¶19

“.....There shall be an interim direction to allow the petitioner to continue as Assistant Professor on contract basis, subject to result of the writ petition”.

¶20

It is now submitted that the petitioner is continuing. However, no

¶21

salary is paid.

¶22

If the petitioner is continuing and had executed an agreement with the University, the petitioner shall be given salary. It is made clear that past salary shall also be given for the period during which he had worked provided

¶23

the petitioner executes an agreement with the University. It is also made clear that continuation of the petitioner shall be based on the terms and conditions of the contract.

¶24

This writ petition is disposed of as above.

¶25

Sd/-

¶26

A.MUHAMED MUSTAQUE

¶27

JUDGE

¶28

W.P.(C) No.21425/2017

¶29

¶30

APPENDIX OF WP(C) No.21425/2017

¶31

PETITIONER'S/S EXHIBITS:

¶32

EXHIBIT P1	A TRUE COPY OF THE APPOINTMENT ORDER DTD 23.8.2006 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.
EXHIBIT P2	EXTRACT OF THE DETAILS OF SERVICE OF THE PETITIONER.
EXHIBIT P3	A TRUE COPY OF THE ORDER BEARING NO.ACAD.F4/2386/06 DTD.06.02.2017 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P4	A TRUE COPY OF JUDGMENT DTD.18.06.2015 IN WA NO.1449/13 ON THE FILES OF THE HON'BLE COURT HIGH COURT OF KERALA.
EXHIBIT P5	A TRUE COPY OF THE JUDGMENT DTD.28.06.2016 IN WP(C)NO.8625/2012 ON THE FILES OF THE HON'BLE COURT HIGH COURT OF KERALA.
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.20.06.2017.
EXHIBIT P7	A TRUE COPY OF THE INTERIM ORDER DTD.20.01.2017 IN WP(C) NO.2018/2017 ON THE FILES OF THE HON'BLE COURT HIGH COURT OF KERALA.
EXHIBIT P8	A TRUE COPY OF THE INTERIM ORDER DTD.07.06.2017 IN WP(C)NO.2018/2017 ON THE FILES OF THE HON'BLE COURT HIGH COURT OF KERALA.
EXHIBIT P9	A TRUE COPY OF THE ORDER BEARING No.ACAD.F3/2386/06 DTD..22.09.2017 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

¶33

RESPONDENTS' EXHIBITS: NIL

¶34

True Copy

¶35

P.S to Judge

¶36

smp

Faizal P v. Kannur University

Case brief

What is this about?

What did the court decide?

Faizal P v. Kannur University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nagle Vidhya Bhavan Vs State of Kerala

Sheeba Singh G.J Vs State of Kerala

V.P. Devassia Vs State of Kerala

Usha S.S Vs State of Kerala

Dr.Bindu M.P. Vs Kannur University

T.K.M.Institute of Management Vs University of Kerala