Dismissed

Dr.Ramesh P v. State of Kerala

Kerala HC17 Nov 2021WA/1074/2021

Case brief

AI extract

What is this about?

The Single Judge directed the Government to conclude an inquiry into allegations of lack of qualifications against Associate Professors before considering their representation to maintain status. The appeal challenged this stay of status pending inquiry outcome.

What did the court decide?

Writ appeal dismissed subject to a direction to the Government to take a call on the inquiry report within one month, followed by a departmental decision on the petitioners' representation within two

Dr.Ramesh P Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 17^TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943

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WA NO. 1074 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 3863/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANTS:

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1 DR.RAMESH P AGED 43 YEARS AGED 43 YEARS,S/O.N.PUSHPANGADAN,ASSOCIATE PROFESSOR,RESIDING AT 'RASMI',PRA333,NEAR RADIO STATION,ENGINEERING COLLEGE P.O.,THIRUVANANTHAPURAM-695 016.

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2 DR.RAMESH U., AGED 45 YEARS,S/O.UNNIKRISHNAN NAIR,ASSOCIATE PROFESSOR, RESIDING AT 'RAJASREE'.TC-4/729,KOWDIAR P.O..THIRUVANANTHAPURAM-695 003.

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3 BINU C.V., AGED 57 YEARS,S/O.VELAYUDHAN C.R.,ASSOCIATE PROFESSOR, RESIDING AT CHELAKKAL HOUSE,MATHIRAPPILLY, M.A.COLLEGE P.O.,KOTHAMANGALAM-686666.

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4 DR.BIJU V.G., AGED 45 YEARS,S/O.A.VISWANATHAN PILLAI,ASSOCIATE PROFESSOR,

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RESIDING AT CHEMPAKALPUTHENVEEDU,KOVOOR, ARINALLOOR P.O.,KOLLAM DISTRICT-690 538.

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5 DR.DEEPA S.KUMAR,

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AGED 43 YEARS,W/O.S.BIJU KUMAR,ASSOCIATE PROFESSOR, RESIDING AT THIRUVONAM HOUSE,THOKKUPARA P.O., IDUKKI DISTRICT,PIN-685 565.

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W.A.No.1074/2021

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6 DR.SHINE N.DAS, ASSOCIATE PROFESSOR (ON LEAVE). COLLEGE OF ENGINEERING,MUNNAR, NOW RESIDING AT PALAYAMKUNNU P.O.,VARKKALA.

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BY ADV S.KRISHNAMOORTHY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY,HIGHER EDUCATION DEPARTMENT,GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001.

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2 DIRECTOR OF TECHNICAL EDUCATION, PADMA VILASOM ROAD,THIRUVANANTHAPURAM-695 001.

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3 CENTRE FOR CONTINUING EDUCATION KERALA, REPRESENTED BY ITS DIRECTOR,ANATHARA LANE,CHARACHIRA.

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KOWDIAR P.O.,THIRUVANANTHAPURAM-695 003.

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4 THE CHAIRMAN, GOVERNING BODY,CENTRE FOR CONTINUING EDUCATION KERALA, ANATHARA LANE,CHARACHIRA,KOWDIAR P.O.,. THIRUVANANTHAPURAM-695 003.

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5 THE PRINCIPAL.

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COLLEGE OF ENGINEERING,MUNNAR,IDUKKI-686 612.

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6 JAYAKRISHNAN K.R., AGED 42 YEARS,S/O.RAMACHANDRA PANICKER (LATE), KARIAPPALIL HOUSE,ERUVA EAST,ERUVA P.O., KAREELAKULANGARA,ALAPPUZHA-690 572.

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7 ANIL KUMAR K.R., S/O.K.RAGHUVARAN,KAROTTU HOUSE,

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KALLARA SOUTH P.O.,KOTTAYAM-686 611.

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W.A.No.1074/2021

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8 BIJU K., S/O.KUNJURAMAN NAIR,KARUVAKKUNNATHU HOUSE, PARAYAM,KOLLAM-691 303.

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9 MANOJ R., S/O.N.RAVEENDRAN,MANGALASSERY, KARIKKUZHI,MAYYANAD P.O.,KOLLAM-691 303.

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10 ABDUL SALAM K.K., S/O.KUNJU MUHAMMED,KANHIRAKKUZHI,VINDUVAZHI, KARAKODOM P.O.-686 691.

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11 SHAHIMOL BASHEER, D/O.T.A.BASHEER,THANNICKAL HOUSE,KUMBANKALLU, THODUPUZHA EAST P.O.,IDUKKI DISTRICT-685 585.

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12 RADHIKA R., D/O.A.G.RADHAKRISHNAN,JYOTHI BHAVAN,VENGALLOR, THODUPUZHA-686 608. IDUKKI DISTRICT.

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13 LIGI ACHUTHAN, D/O.ACHUTHAN,ASHA BHAVAN, MULAVANA P.O.,PERAYAM,KOLLAM-691 503. BY ADVS.P.CHANDRASEKHAR FOR R6 TO R13 ADVOCATE SRIL LATHA ANAND FOR R3 TO R5

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GOVERNMENT PLEADER SRI. JACOB E SIMON

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1074/2021

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A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ

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Writ Appeal.No.1074 of 2021 -----------------------------------Dated, this the 17^th day of November, 2021

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JUDGMENT

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MOHAMMED NIAS, J.

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The appellants are the writ petitioners claiming to be working as Associate Professors in the 5^th respondent institution under the administration of the 3^rd respondent. Petitioners contend that they were initially appointed as Lecturers during the period 2001-2002 and later on promoted as Associate Professors during the period 2009-2010. Respondents 6 to 13 filed complaints questioning the qualification and appointments of the appellants which led to the initiation of an enquiry into the allegations, as is seen from Annexure – 1 order of the Government dated 21-10-2020.

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The petitioners filed the above Writ Petition seeking a prayer to direct the respondents to maintain the status of the petitioners as Associate Professors in the service records and all correspondences instead of the status of the Assistant Professors. There was a further prayer to consider Ext. P12 representation which was submitted before the 3^rd respondent, requesting to give a direction to the 5^th respondent, Principal, College of Engineering, Munnar not to reduce their status as Associate Professor in any of the records.

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W.A.No.1074/2021

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The learned Single Judge noticing the contention of the 3^rd respondent that a decision on the representation cannot be taken as the enquiry at the level of the respondents 1 and 2 with regard to the qualification and appointment of the petitioners was pending, directed that since the enquiry at the level of the Government is pending, the action on representation Ext. P12 shall be taken only after the receipt of the enquiry report by the Government. Thus, there was a direction to the Government to take a call on the enquiry report within a period of two months. On the receipt of the enquiry report, the 3^rd respondent was directed to consider Ext. P12 representation by affording an opportunity of hearing to the petitioners as well as to respondents 6 to 13 and the said exercise was directed to be done within two months from the date of receipt of the enquiry report from the Government.

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Feeling dissatisfied with the direction of the learned Single Judge, this appeal is filed primarily contending that till a decision as directed in the impugned judgment is taken, the status of the appellants as Associate Professors should be maintained.

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Heard the learned counsel appearing for the appellants, learned counsel appearing for respondents 3 and 4 as well as learned counsel appearing for respondents 6 to 13, besides the learned Government Pleader.

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We do not have any hesitation to hold that there is no infirmity in the directions of the learned Single Judge. The request for

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W.A.No.1074/2021 - 6 -

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considering Ext. P12 could not have been done before the culmination of the enquiry, particularly, in a case where lack of qualification in the appointment itself is alleged. We are told that the enquiry is over as seen from Annexure A4 and a copy received by the appellants invoking the provisions of the Right to Information Act, 2005. In as much as the report has already been received by the Government, we make it clear that, a decision, as directed by the learned Single Judge, if not already taken by the Government, shall be taken within a period of one month from the date of receipt of a copy of this judgment. Thereafter, the 3^rd respondent shall take a decision on Ext. P12 representation after affording an opportunity of hearing to the petitioner as well as to respondents 6 to 13 within a period of two months from the date of receipt of the enquiry report from the Government.

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Writ Appeal is dismissed subject to the above direction.

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Sd/- A.K.JAYASANKARAN NAMBIAR, JUDGE

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Sd/-MOHAMMED NIAS C.P, JUDGE

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lgk/ani/19/11/

Dr.Ramesh P v. State of Kerala

Case brief

What is this about?

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Dr.Ramesh P v. State of Kerala

Case brief

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