Petition for service benefits where petitioner not granted credit for prior service. Court directed government to decide on university's clarification request within three months.
petition allowed to extent of directing Government to take a decision on Ext.R2(f) within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 23356 OF 2016
PETITIONER:
DR. FRANCIS C.A.
AGED 65 YEARS,RETIRED PROFESSOR,
SCHOOL OF MANAGEMENT STUDIES,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
RESIDING AT CHERUVILAM HOUSE, 64 VIDYANAGAR,
COCHIN UNIVERSITY P.O., KOCHI 682022.
BY ADVS.
SRI.P.SREEKUMAR
SMT.V.A.HARITHA
SMT.P.M.MAZNA MANSOOR
SRI.SOORAJ T.ELENJICKAL
SMT.SANDHYA R.NAIR
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT.
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2COCHIN UNIVERSITY OF SCIENCE AND TECHONOLOGY
REPRESENTED BY ITS REGISTRAR ,
COCHIN UNIVERSITY P.O., KOCHI-682 022.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHIN
UNIVERSITY OF SCIENCE
SRI.S.P.ARAVINDAKSHAN PILLAISCCOCHIN UNIVERSITY
OF SCIENCE
SRI.V.VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 23356/16
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JUDGMENT
Sri.P.Sreekumar – learned counsel for the petitioner argued that his client has retired as a Professor from the School of Management under the Cochin University of Science and Technology (CUSAT) on 30.04.2012; but that he has not been granted the benefit of his prior service in the University of Mysore, while reckoning the retiral and other benefits. He submitted that, even though requests were made before the University appositely by his client for such purpose, no action has been taken on it until now. He thus prayed that CUSAT be directed to advert to Ext.P8 order and grant his client all eligible retiral benefits, reckoning his past service in the University of Mysore, leading to disbursement of the balance eligible amounts within a time frame to be fixed by this Court.
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WPC 23356/16
Ext.R2(f), again seeking apposite directives. He submitted that, any action in favour of the petitioner can be taken only if the Government takes a decision on Ext.R2(f).
entering into the merits of the rival contentions, I deem it apposite and necessary that Government be directed to take a decision on Ext.R2(f) at the first instance, since any other course of action would enure to the petitioner only thereafter.
In the afore circumstances, I allow this writ petition to the limited extent of directing the Government to advert to Ext.R2(f) clarification sought by CUSAT and take a decision thereon, after affording necessary opportunity of being heard
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to them, as also to the petitioner, adverting to Ext.P8 letter of the University; thus culminating in an appropriate order, as expeditiously as is possible but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, the petitioner would be at full liberty to approach the competent Authority of the Government, either with an additional representation or notes of argument within a period of two weeks from the date of receipt of a copy of this judgment, which shall also be taken into account, while it issues orders in terms of the afore directives.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
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WPC 23356/16
APPENDIX OF WP(C) 23356/2016
PETI |
TIONER EXHIBITS |
|---|---|
EXT. |
P1TRUE COPY OF THE REQUEST DATED 1.1.1988SUBMITTED BY THE PETITIONER IMMEDIATELYAFTER JOINING THE SERVICE OF THE 2NDRESPONDENT. |
EXT. |
P2TRUE COPY OF THE COMMUNICATION DATED15.11.1993 ISSUED BY THE UNIVERSITY OFMYSORE. |
EXT. |
P3TRUE COPY OF THE COMMUNICATION DATED7.5.2010 SENT BY THE 2ND RESPONDENT. |
EXT. |
P4TRUE COPY OF THE COMMUNICATION DATED8.7.2011 ISSUED BY THE UNIVERSITY OFMYSORE TO THE 2ND RESPONDENT. |
EXT. |
P5TRUE COPY OF THE COMMUNICATION DATED12.7.2012 SENT BY THE 2ND RESPONDENT TOTHE 1ST RESPONDENT. |
EXT. |
P6TRUE COPY OF THE REQUEST DATED28.12.2013 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT. |
EXT. |
P7TRUE COPY OF THE REQUEST DATED28.11.2015 SUBMITTED BY THE PETITIONERBEFOER THE 2ND RESPONDENT. |
EXT. |
P8TRUE COPIES OF THE REQUESTS SUBMITTEDBY THE PETITIONER AND THE REPLIESRECEIVED BY HIM UNDER THE RIGHT TOINFORMATION ACT. |
RESP |
ONDENT EXHIBITS |
EXT. |
R2(a)TRUE COPY OF THE LETTERNO.FB/28/PEN/3577/93-94 DATED15.11.1993 OF THE UNIVERSITY OF MYSORE. |
EXT. |
R2(b)TRUE COPY OF THE LETTERNO.Ad/D1/66/86(826) DATED 07.05.2010 OFTHE DEPUTY REGISTRAR (ADMN II). |
EXT. |
R2(c)TRUE COPY OF THE LETTERNO/FB-5/Pension/2011-2 DATED 08.07.2011OF THE UNIVERSITY OF MYSORE. |
EXT. |
R2(d)TRUE COPY OF THE GOVERNMENT LETTERNO.27163/B2/12/H.Edn. DATED 10.09.2013. |
EXT. |
R2(e)TRUE COPY OF THE LETTER NO.LF(CUSAT)A5- |
204/14 DATED 08.04.2014 OF THE JOINT |
WPC 23356/16
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DIRECTOR.
EXT. R2(f)TRUE COPY OF THE LETTER
NO.Ad.D3/66/86(826) DATED 30.01.2015 OF
THE DEPUTY REGISTRAR (ADMN II).
2 issues framed by the court
Whether a retired professor seeking integrated service benefits can be directed to obtain government clarification?
Whether the petitioner can be granted relief before the government decides on the matter?
DR. FRANCIS C.A.
STATE OF KERALA
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court