Remanded

Sincy.P.S. v. Institute of Human Resources Development

Kerala HC3 Dec 2018WP(C)/26379/2018

Case brief

AI extract

What is this about?

The Court set aside an order passed by the Director, IHRD, for fixation of the petitioner's pay without adverting to two earlier IHRD orders. The matter was remanded for fresh orders after hearing the petitioner and considering the said orders within two months.

What did the court decide?

Ext.P8 order set aside; fresh orders to be passed after hearing petitioner and considering Exts.P4 and P5 within two months.

Sincy.P.S. Vs Institute of Human Resources Development — Service and Employment | 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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MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

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WP(C).No.26379 of 2018

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PETITIONER/S:

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SINCY.P.S., AGED 41 YEARS, WIFE OF TITTY JACOB, ASSISTANT PROFESSOR, MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM, KOCHI-682 021.

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BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY

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RESPONDENT/S:

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1 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, REPRESENTED BY ITS DIRECTOR, PRAJOS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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2 THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PRAJOS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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3 THE PRINCIPAL, MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM, KOCHI 682 021.

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BY SRI.DEEPU THANKAN, SC, IHRD BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26379 of 2018 2

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JUDGMENT

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The petitioner, impugning Ext.P8 order passed by the Director, Institute of Human Resources Development(IHRD) consequent upon Ext.P7 judgment, has approached this Court. The said order is passed obviously without adverting to Exts.P4 and P5 orders of the IHRD. The matter is related to the fixation of the pay on AICTE scale reckoning her service of 11 years from 18.06.1999 to 06.05.2010 including the five years of service in Engineering College from 01.09.2005 to 06.05.2010.

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In such circumstances, it is to be noted that this Court has specifically ordered that Exts.P4 and P5 orders shall be adverted before passing Ext.P8 order. In Ext.P8 order, there is no mention about Exts.P4 and P5 orders. Therefore, it is obvious that orders have been passed without adverting to Exts.P4 and P5 orders. Accordingly, Ext.P8 order is set aside and fresh orders shall be passed after hearing the petitioner and after adverting to Exts.P4 and P5 orders of the IHRD within a period of two months.

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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.26379 of 2018 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT-P1: TRUE COPY OF ORDER NO.E1/3810/99/HRD DATED 7.6.1999 ISSUED BY 2ND RESPONDENT. EXHIBIT-P2: TRUE COPY OF ORDER NO.E3/8408/2005/HRD DATED 23.8.2005 ISSUED BY 2ND RESPONDENT. EXHIBIT-P3: TRUE COPY OF ORDER NO.EA/6371/2010/HRD DATED 29.5.2010 ISSUED BY ADMINISTRATIVE OFFICER OF 1ST RESPONDENT. EXHIBIT-P4: TRUE COPY OF ORDER NO.E2/5113/2000/HRD DATED 30.11.2001 ISSUED BY 1ST RESPONDENT. EXHIBIT-P5: TRUE COPY OF ORDER NO.E2/5113/2000/HRD DATED 23.2.2001 ISSUED BY 1ST RESPONDENT. EXHIBIT-P6: TRUE COPY OF REPRESENTATION DATED 15.11.2017 SUBMITTED BY PETITIONER TO 2ND RESPONDENT THROUGH THE 3RD RESPONDENT. EXHIBIT-P7: TRUE COPY OF JUDGMENT DATED 25.1.2018 IN W.P.(C) NO.2318 OF 2018 OF THIS HON'BLE COURT. EXHIBIT-P8: TRUE COPY OF ORDER NO.EA3/1274/2018/HRD DATED 6.4.2018 PASSED BY 2ND RESPONDENT. EXHIBIT-P9: TRUE COPY OF STATEMENT OF FIXATION OF PAY IN AICTE SCALES SANCTIONED BY 3RD RESPONDENT TO SAJITHA S. EXHIBIT-P10: TRUE COPY OF STATEMENT OF FIXATION OF PAY IN AICTE SCALES SANCTIONED BY 3RD RESPONDENT TO K.VIJAYALAKSHMI.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

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Sincy.P.S. v. Institute of Human Resources Development

Case brief

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Sincy.P.S. v. Institute of Human Resources Development

Case brief

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