Partly allowed

Dr.Josephmichael v. State of Kerala

Kerala HC2 Dec 2019WP(C)/1326/2019

Case brief

AI extract

What is this about?

This writ petition challenged orders denying retrospective appointment approval and service benefits to an Assistant Professor. The Single Judge dismissed the petition, directing the University to decide on the approval within two months and extend service benefits once approval is made.

What did the court decide?

Petitioner directed to take appropriate decision on appointment approval within two months; to extend service benefits consequent to such approval.

Dr.Josephmichael Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 SHAJI P.CHALY

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MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941 WP(C).No.1326 OF 2019(M)

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PETITIONER/S:

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DR.JOSEPH MICHAEL AGED 49 YEARS ASSISTANT PROFESSOR, DEPARTMENT OF BOTANY, ST. DOMINIC'S COLLEGE, PARATHODE P.O., KANJIRAPALLY, KOTTAYAM DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY THE SECRETARY OT GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.965001

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2 THE DEPUTY DIRECTOR OF COLLEGATE EDUCATION, KOTTAYAM.686001

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3 MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 686 560

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4 THE MANAGER, ST.DOMINIC'S COLLEGE, PARATHODE P.O., KANJIRAPALLY, KOTTAYAM DISTRICT.

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R1 & R2 SRI. P.M. MANOJ SR.GOVERNMENT PLEADER R3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R4 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.)

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ADV. SRI.TONY GEORGE KANNANTHANAM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1326 OF 2019(M)

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“i) to issue a Writ of Certiorari or any other appropriate writ, order or direction to quash Exhibit P-24 order issued by the 4^th respondent. ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing 4^th respondent to forward necessary appointment orders appointing the petitioner in the vacancy occurred consequent to the retirement of Smt.Daisy Mathew, who retired on 31.03.1997 in the department of Botany, at St.Dominic's College, Kanjirapally, to respondents 2 and 3 without any further delay. iii) to issue a Writ of Certiorari or any other appropriate writ, order or direction to quash Exhibit P-19 and P- 20 orders issued by the respondents 1 and 3 to the extent it denies the approval of appointment of the petitioner from the original date of his appointment. iv) to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing respondents to implement Exhibit P-11 judgment and sanction all service benefits due to the petitioner including salary and other statutory benefits.”

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The subject issue relates to approval of the

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petitioner with retrospective effect. According to

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WP(C).No.1326 OF 2019(M)

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the petitioner, petitioner by virtue of the judgments rendered by this Court is entitled to get the approval from the date of joining as a lecturer

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in the 4^th respondent college i.e the St.Dominic's College, Kanjirapally. It is also pointed out that, eventhough the State Government has preferred a

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special leave petition before the Apex Court, it was dismissed and thereafter since the approval was not forwarded by the manager, petitioner has approached this Court and secured Ext.P22 judgment in W.P.(C) No.16895/2015 dated 23.11.2018.

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Eventhough a counter affidavit is filed by the 2^nd respondent as well as the 4^th respondent, I am not going into the details of the matter, since

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it is submitted that necessary steps are being taken in order to approve the appointment of the petitioner. Learned counsel for the University submitted that, the application submitted by the College was defective therefore it was returned and the College has resubmitted the same after curing the defects, which is pending consideration before

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WP(C).No.1326 OF 2019(M)

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the syndicate and some reasonable time is required

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to take a final decision in accordance with the judgements rendered by this Court.

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4.In that view of the matter, after hearing

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respective counsel across the Bar, this writ petition is disposed of, directing the University to take appropriate decision at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment, and there will be a further direction to take appropriate steps in

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order to extend the service benefits to the petitioner, consequent to the approval made.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No.1326 OF 2019(M)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPROVAL ORDER GIVEN BY THE UNIVERSITY OF CALICUT. EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER BY THE PRINCIPAL, ST.MARY'S COLLEGE, SULTAN BATHERY DATED 03/08/2002. EXHIBIT P3 TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY THE MANAGER, ST.MARY'S COLLEGE, SULTAN BATHERY DATED 07/07/2003. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DATED 19/05/2000 APPROVING THE APPOINTMENT OF THE PETITIONER FROM 16/06/1999 TO 31/03/2000.

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EXHIBIT P5 TRUE COPY OF THE PROCEEDING OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DATED 02/11/2001. EXHIBIT P6 TRUE COPY OF BENEFIT ALLOWABLE TO GUEST LECTURERS FOR THE PERIOD FROM 03/06/2002 TO 31/03/2003. EXHIBIT P7 TRUE COPY OF BENEFIT ALLOWABLE TO GUEST LECTURERS FOR THE PERIOD FROM 02/06/2003 TO 31/03/2004. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE CONTROLLER OF EXAMINATIONS TO THE PETITIONER DATED 28/06/2006. EXHIBIT P9 TRUE COPY OF THE ORDER ISSUED BY THE CONTROLLER OF EXAMINATIONS DATED 11/05/2010.

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EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE PRINCIPAL DATED 05/11/2001 ALONG WITH THE NO OBJECTION CERTIFICATE OF THE MANAGER.

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WP(C).No.1326 OF 2019(M)

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EXHIBIT P11	TRUE COPY OF THE JUDGMENT IN W.P. (C)939/06.
EXHIBIT P12	TRUE COPY OF THE JUDGMENT IN W.P. (C)482/05.
EXHIBIT P13	TRUE COPY OF ORDER PASSED BY THE HON'BLE SUPREME COURT IN SPECIAL LEAVE PETITIONS NO.19846-19847 OF 2010.
EXHIBIT P14	TRUE COPY OF ORDER PASSED BY THE HON'BLE SUPREME COURT DATED 28/09/2010.
EXHIBIT P14 A	TRUE COPY OF G.O.(MS) 260/10/HR.EDN.DATED 20/08/2010.
EXHIBIT P15	TRUE COPY OF THE LIST OF TEACHERS WORKING IN ST.DOMINIC'S COLLEGE, KANJIRAPALLY.
EXHIBIT P16	TRUE COPY OF THE NO OBJECTION CERTIFICATE FORWARDED BY THE MANAGEMENT TO THE 1ST RESPONDENT DATED 24/07/2009.
EXHIBIT P16 A	TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL ALONG WITH THE NO OBJECTION CERTIFICATE OF THE MANAGEMENT.
EXHIBIT P17	TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM DATED 09/05/2011.
EXHIBIT P18	TRUE COPY OF THE REPORT OF THE DIRECTOR OF COLLEGIATE EDUCATION DATED 22/02/2012.
EXHIBIT P19	TRUE COPY OF THE GOVERNMENT ORDER DATED 10/09/2013.
EXHIBIT P20	TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 23/04/2014.
EXHIBIT P21	TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.8463/2010.
EXHIBIT P22	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.16895/15.
EXHIBIT P23	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED

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WP(C).No.1326 OF 2019(M)

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10/12/2018.

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EXHIBIT P24 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT MANAGER DATED 07/01/2019.

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RESPONDENT'S/S EXHIBITS: NIL

Dr.Josephmichael v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Josephmichael v. State of Kerala

Case brief

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What did the court decide?

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