Dismissed

The Director, Mar Baselios Christian College of Engineering & Technology, v. Apj Abdul Kalam Technological University

Kerala HC13 Jan 2023WP(C)/40741/2022

Case brief

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What is this about?

The High Court confirmed an order directing a college to pay dues to former staff. Although the college cited financial crisis, the Court fixed a six-month time limit for payment. The writ petition was dismissed.

What did the court decide?

Confirmation of Ext.P7 with a six-month time limit from the date of judgment for the petitioner to pay the amounts in lump sum or installments.

The Director, Mar Baselios Christian College… — Pension and Retirement Benefits | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

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WP(C) NO. 40741 OF 2022

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PETITIONER:

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THE DIRECTOR, MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING & TECHNOLOGY, PEERMADE, IDUKKI - 685 531. BY ADVS. KURIAN GEORGE KANNANTHANAM (SR.) TONY GEORGE KANNANTHANAM ALEX GEORGE (CHAMAPPARAYIL)

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RESPONDENTS:

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1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM - 695 016.

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2 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 DHANIESH J. DANAM, "DHANYA", VATTAVILA, ARAYOOR.P.O., AMARAVILA, THIRUVANANTHAPURAM - 695 122.

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4 MS.BENILA.S.M., "DHANYA", VATTAVILA, ARAYOOR.P.O., AMARAVILA, THIRUVANANTHAPURAM - 695 122.

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5 DR.ROJA ABRAHAM RAJU, KARIYIL HOUSE, VELLOOR.P.O., PAMPADY, KOTTAYAM DISTRICT - 698 650. SRI.ELVIN PETER P.J. - SC SMT.PARVATHY.K - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No. 40741 of 2022

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: 2 :

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DEVAN RAMACHANDRAN, J.

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========================= W.P.(C) No.40741 of 2022

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========================== Dated this the 13^th day of January, 2023

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JUDGMENT

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The petitioner impugns Ext.P7 order of the 1^st respondent – A.P.J. Abdul Kalam Technological University ('University', for short), through which, they were asked to pay certain amounts to their former teaching staff.

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Sri.Kurian George Kannanthanam – learned Senior Counsel, instructed by Sri.Thomas George – learned counsel for the petitioner, fairly conceded that the amounts reflected in Ext.P7 – same with minor variations – are payable to the persons therein, but that his client is going through such constraining financial crisis that they are not even able to honour the monthly salary to the existing employees. He, therefore, prayed that his client be granted atleast a year's time to pay off the amounts reflected in Ext.P7.

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Sri.Elvin Peter P.J. - learned Standing Counsel for the

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WP(C)No. 40741 of 2022

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: 3 :

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University, submitted that since the claims of the party respondents are conceded, he leaves it to this Court to issue appropriate orders.

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Sri.P.Sreeram – learned counsel appearing for respondents 3 to 5, submitted that what has been ordered in Ext.P7 to be paid to his clients, are only the amounts which they were entitled to; and therefore, that the time frame now sought for by the petitioner is not merely excessive, but questionable.

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When I consider the afore submissions, it is clear that I must balance the rival interests appositely, since it is also necessary that petitioner be given sufficient leeway to continue with their operations. Otherwise the students should suffer finally.

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In the afore circumstances, I deem it appropriate to fix a time frame of six months for the petitioner to pay off the amounts ordered in Ext.P7 – either in lump sum or in installments – to the party respondents.

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Resultantly, I dismiss this writ petition, confirming Ext.P7; however, granting six months time from today to the

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: 4 :

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petitioner to pay off the amounts reflected therein to the party respondents, either in lump sum or in installments.

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Sd/DEVAN RAMACHANDRAN JUDGE

anm

: 5 :

APPENDIX OF WP(C) 40741/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.KTU/A/593/2015 DATED 15-5-2015. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 25-102021 FILED BY THE RESPONDENTS 3 TO 5 TO THE CHIEF MINISTER. Exhibit P3 TRUE COPY OF THE LETTER DATED 14-1-2022 FROM THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF THE REPLY DATED 19-1-2022 TO THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE NOTICE DATED 6-4-2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE LETTER NO.J2/237/2021/ H.EDN. DATED 30-9-2022 FROM THE GOVERNMENT. Exhibit P7 TRUE COPY OF THE ORDER U.O.NO.2612/2022/KTU DATED 16-10-2022 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL.

The Director, Mar Baselios Christian College of Engineering & Technology, v. Apj Abdul Kalam Technological University

Case brief

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The Director, Mar Baselios Christian College of Engineering & Technology, v. Apj Abdul Kalam Technological University

Case brief

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