Disposed

Dr.P.Sheela v. Deputy Director of Collegiate Education, Kollam

Kerala HC13 Sept 2018WP(C)/8283/2018

Case brief

AI extract

What is this about?

This is a disposed order where the High Court directs the State to step up the pay of retired Associate Professors to match that of their juniors within four months. The disposal relies on the already concluded judgments in connected writ petitions (W.P.(C) No.5282/2016 etc.) which mandated salary parity for similarly situated persons against the anomaly in the 2010 Government Order. The petitions

What did the court decide?

Necessary steps to be taken to step up the pay of the petitioners at par with juniors within four months.

Dr.P.Sheela Vs Deputy Director of Collegiate… — 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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THURSDAY, THE 13TH DAY OF SEPTEMBER 2018 /22ND BHADRA, 1940

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WP(C).No.8283 of 2018

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PETITIONER/S:

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DR.P.SHEELA, D/O.K.NARAYANEEYAM, AGED 58 YEARS, ASSOCIATE PROFESSOR (RETD.), DEPARTMENT OF SANSKRIT, SREE NARAYANA COLLEGE FOR WOMEN, KOLLAM-691001, RESIDING AT 'NARAYANEEYAM', BR N-9A, MADANNADA, THEKKEVILA P.O., KOLLAM-691016.

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BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI SRI.T.SAILESH KUMAR

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RESPONDENT/S:

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1 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM 691001.

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2 DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM695001.

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3 THE ACCOUNTANT GENERAL(A & E), OFFICE OF THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-695001.

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**3 STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. CORRECTED

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STATE OF KERALA, 4 REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695001

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(SERIAL NO.(3) IS CORRECTED AS (4) AS PER ORDER DATED 06.04.2018 IN I.A.NO.6499/18).

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BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, ALONG WITH WP(C).10039/2018, WP(C).25060/2018, WP(C).8171/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8283/2018 & conn.cases 2

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JUDGMENT

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The petitioners in all these writ petitions have

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approached this Court seeking similar prayers to correct

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anomaly in implementing the Government Order dated 27.03.2010 (G.O.(P) No.58/2010/H.Edn. dated

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27.03.2010). The petitioners' case is that juniors are drawing higher salary and therefore, their pay should be stepped up at par with juniors. The similarly situated persons have approached this Court in W.P.(C) No.5282/2016 and connected matters. This Court disposed the said writ petitions on 27.10.2016 and directed the Government to step up the pay at par with the pay fixed with the juniors in the service. The State, aggrieved by the said direction, approached the Division Bench by filing W.A.No.488/2017. The said writ appeal was dismissed. The State also moved the Hon'ble

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Supreme Court in a Special Leave Petition. That was

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WP(C).No.8283/2018 & conn.cases 3

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declined with liberty to seek review. The review petition

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was also dismissed.

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In the light of the facts and circumstances as

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above, the matter is concluded in favour of the petitioners in the judgments referred as above. Therefore, necessary steps shall be taken to step up the pay of the petitioners in the light of the judgments

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referred as above within a period of four months.

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These writ petitions are 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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APPENDIX IN W.P.(C)NO.8283/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF G.O. (P)NO.171/199/H.EDN. DTD. 21-12-1999.

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EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACTS OF G.O. (P)NO.58/2010/H.EDN. DTD. 27-03-2010.

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EXHIBIT P3 A TRUE COPY OF THE DETAILS OF PAY AND SERVICE OF THE PETITIONER AND HER JUNIOR IN SERVICE.

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EXHIBIT P4 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.26857/2015 AND CONNECTED CASES DTD. 2710-2016.

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WP(C).No.8283/2018 & conn.cases 4

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EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.1064/2017 DTD. 08-06-2017.

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EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.488/2017 DTD. 06-06-2017. EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN SLP(C)NO.37304/17 DTD 24-112017.

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RESPONDENTS EXHIBITS :

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EXT.R2(A)

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EXHIBIT R2(A) A TRUE COPY OF THE LETTER NO.F.18-60(KERALA) 2015 (K) DATED JULY 2017. EXHIBIT R2(B) TRUE COPY OF THE ABSTRACT OF RULE 22. EXHIBIT.R2(C) A COPY OF THE EXTRACT OF GOVERNMENT ORDER DATED 04.07.2000.

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//TRUE COPY//

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P.A.TO JUDGE

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Dr.P.Sheela v. Deputy Director of Collegiate Education, Kollam

Case brief

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Dr.P.Sheela v. Deputy Director of Collegiate Education, Kollam

Case brief

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