Allowed

Girish G v. State of Kerala

Kerala HC2 Nov 2022WP(C)/12101/2021

Case brief

AI extract

What is this about?

The Court, relying on findings in W.P.(C) No.14079/2021, allowed this writ petition to facilitate the re-designation of petitioners as Technical Assistants Grade III, directing the University to reconsider claims after an opportunity of being heard. The reliefs must be implemented within two months.

What did the court decide?

Ext.P6 set aside; University directed to reconsider petitioners' claims after hearing, provide benefits including monetary ones within one month, completing the order within two months.

Girish G Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

WEDNESDAY, THE 2^ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944

¶5

WP(C) NO. 12101 OF 2021

¶6

PETITIONER:

¶7

1 GIRISH G., TECHNICAL ASSISTANT GRADE-II, ELECTRICAL AND ELECTRONICS ENGINEERING DIVISION, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, COCHIN -682 022.

¶8

2 MANOJ M.S., TECHNICAL ASSISTANT GRADE-II, ELECTRICAL AND ELECTRONICS ENGINEERING DIVISION, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, COCHIN -682 022

¶9

SRI.BRIJESH MOHAN SMT.T.S.ATHIRA

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶12

2 COCHIN UNIVERSITY OF SCIENCE AND TEHNOLOGY COCHIN UNIVERSITY P.O, COCHIN 682 022 REPRESENTED BY ITS REGISTRAR.

¶13

SRI.VIPIN D.G., SC SMT.RESMI THOMAS, GP.

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 12101 OF 2021

¶16

¶17

JUDGMENT

¶18

When this matter was called today, it was without contest at the Bar that the issues impelled in this case – both factual and legal – have been answered in the judgment in W.P.(C) No.14079/2021.

¶19

I am, therefore, certain that the petitioners herein are also entitled to the same relief as have been offered to the petitioners in the aforementioned judgment.

¶20

Resultantly, I allow this writ petition and set aside Ext.P6; with a consequential direction to the competent Authority of the University to reconsider the claims of the petitioners, adverting to my observations in the judgment in W.P.(C) No.14079/2021 and after affording them an opportunity of being heard; thus culminating in an appropriate new order, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.

¶21

Needless to say, if, through the afore exercise, the University is to find any benefits eligible to the petitioners, the same shall be given to them, including monetary, within

¶22

WP(C) NO. 12101 OF 2021

¶23

¶24

a period of one month thereafter.

¶25

Sd/- DEVAN RAMACHANDRAN

¶26

JUDGE

¶27

stu

¶28

WP(C) NO. 12101 OF 2021

¶29

¶30

APPENDIX OF WP(C) 12101/2021

¶31

PETITIONER EXHIBITS

¶32

Exhibit P1 TRUE COPY OF THE ORDER NO. AD.A3/244/90 DATED 16-02-1993 OF THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE REQUEST DATED 10-022020 OF THE 1ST PETITIONER SUBMITTED THROUGH PROPER CHANNEL TO RE-DESIGNATE THEIR POSTS OF TECHNICAL ASSISTANT GRADE II AS TECHNICAL ASSISTANT GRADE III Exhibit P3 TRUE COPY OF THE REQUEST DATED 10-022020 OF THE 2ND PETITIONER SUBMITTED THROUGH PROPER CHANNEL TO RE-DESIGNATE THEIR POSTS OF TECHNICAL ASSISTANT GRADE II AS TECHNICAL ASSISTANT GRADE III

¶33

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11-042019 IN W.P(C) NO.30527/2015 OF THIS HON'BLE COURT.

¶34

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 18-022021 IN W.P(C) NO. 3083/2021 OF THIS HON'BLE COURT.

¶35

Exhibit P6 TRUE COPY OF THE ORDER NO. CUSAT/AD(G) G2/1429/2021 DATED 29-03-2021 ISSUED BY THE 2ND RESPONDENT.

¶36

RESPONDENT EXHIBITS

¶37

Exhibit R2 A TRUE COPY OF ORDER NO.AD.G2/6135/98/2006 DATED 20/6/2009 PROMOTING THE PETITIONERS AS TECHNICIANS GR.II.

¶38

Exhibit R2 B TRUE COPY OF ORDER NO.AD.G2/ 19748/98/VOL.III DATED 6/8/2019 PROMOTING THE PETITIONERS AS TECHNICAL ASSISTANT GR.I AND TECHNICAL ASSISTANT GRADE II.

¶39

WP(C) NO. 12101 OF 2021

¶40

¶41

Exhibit R2 C TRUE COPY OF ORDER NO.CUSAT/AD(G). G2/4376/2021 DATED 4/12/2021 PROMOTING THE PETITIONERS AS TECHNICAL ASSISTANT GRADE III UNDER TECHNICAL CADRE (SCIENTIFIC) SCHEME

Girish G v. State of Kerala

Case brief

What is this about?

What did the court decide?

Girish G v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Girija T.N. Vs the Joint Registrar (General) of Co-Operative Societies

Dr. Chandramohan K. Vs Regional Cancer Centre

Cijimol Scharia, Vs State of Kerala

B.S.Sanjeev Vs Mattancherry Sarvajanik Co-Operative Bank LTD.NO.3284

Sajesh K.M. Vs State of Kerala

A.v.Babu Vs Kerala Kerakarshaka Sahakarana Federation Ltd.