Disposed

Sunil Jacob v. State of Kerala

Kerala HC12 Dec 2018WP(C)/40476/2018

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking non compounded increments and salary parity for an associate professor. Court directed respondents to consider the claim after adverting to specific precedents and government orders within two months.

What did the court decide?

Direction to respondents to consider claim after two months and disburse benefits within further two months if allowed.

Sunil Jacob 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 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 40476 of 2018

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PETITIONER:

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SUNIL JACOB AGED 50 YEARS S/O.JACOB JOY, CHALAKUZHIYIL, TOWN WARD, PATHANAPURAM, KOLLAM-689695.(WORKING AS ASSOCIATE PROFESSOR OF CHEMISTRY, CHATHOLICATE COLLEGE, PATHANAMTHITTA).

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BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM-686001.

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BY GOVERNMENT PLEADER, SRI.B.UNNIKRISHNA KAIMAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.40476/2018

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JUDGMENT

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The matter is related to the claim of three non compounded increments to the petitioner along with the arrears. A similar matter has been considered by this Court in the judgment in W.P.(C) No. 22656/2018 dated 17/10/2018, wherein this Court held as follows:

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2. The petitioners' main prayer is for a direction to the respondents 1 to 3 to grant revised rate of three non compounded increments in the light of the UGC norms. They are also having a prayer to step up their salary at par with that of their juniors. Their case is that the challenge of similarly situated persons were considered by this Court in W.A.No.488/2017. It is also stated that in the light of the directions in above judgment, the Government issued an order as G.O.(Rt).No.1691/2018/HEDN, dated 11.09.2018. Ext.P11 is the said order.

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3. In view of the facts and circumstances, there shall be a direction to the second and third respondents to take a decision in the matter after adverting to the above government order as also the directions in the judgment in W.A.No.488/2017 within a period of two months after notice to the petitioners. If the petitioners'

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WP(C).No.40476/2018

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request is allowed, the monetary benefits shall be disbursed

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without any delay within a period of two months.

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In the light of above, there shall be a direction to the respondents

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to consider the claim of the petitioner after adverting to the directions in the judgment in W.A.No.488/2017 and Ext.P7 G.O. dated 11/09/2018 within a period of two months. If the petitioner's request is allowed, the monetary benefits shall be disbursed, within a further 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.40476/2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1		TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 21/09/1999.
EXHIBIT P2		TRUE COPY OF THE APPROVAL ORDER DATED 17/04/2000.
EXHIBIT P3		TRUE COPY OF THE CERTIFICATE OF PH.D DATED 25/04/2007.
EXHIBIT P4		TRUE COP OF THE RELEVANT PORTION OF THE 6TH UGC SCHEME.
EXHIBIT P5		TRUE COPY OF THE RELEVANT PORTION OF THE G.O(P) NO.59/2010/H.EDN DATED 27/03/2010.
EXHIBIT P6		TRUE COPY OF THE OF G.O(MS)NO.597/2013/H.EDN DATED 03/09/2013.
EXHIBIT P7		TRUE COPY OF THE G.O(RT) NO.1691/2018 /H.EDN. DATED 11/09/2018.
EXHIBIT P8		TRUE COPY OF THE JUDGMENT IN WP(C)NO.22656/2018 DATED 17/10/2018.
RESPONDENTS	EXHIBITS:	NIL

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\TRUE COPY//

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PA TO JUDGE

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Sunil Jacob v. State of Kerala

Case brief

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Sunil Jacob v. State of Kerala

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