Disposed

Sambhu K S v. State of Kerala

Kerala HC11 Jun 2024WP(C)/12027/2021

Case brief

AI extract

What is this about?

Two retired aided-college Grade IV Librarians sought higher grades and pay parity with government college librarians. The court disposed of both writ petitions in line with its earlier judgment in W.A.No.855/2018, directing the Director of Collegiate Education to consider their grievance after hearing them within three months.

What did the court decide?

Director of Collegiate Education directed to consider petitioners' claims per W.A.No.855/2018 after hearing, within three months.

Sambhu K S Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 26743 OF 2021

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PETITIONER:

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SEBASTIAN K.J., AGED 57 YEARS, S/O.JOSEPH,
PADINJARATTU PLACKAYIL, THOTTUVA, KURAVILANGAD
P.O., KOTTAYAM - 686 633 (RETIRED LIBRARIAN GRADE
IV, DEVAMATHA COLLEGE, KURAVILANGAD).
BY ADV M.S.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE PRINCIPAL SECRETARY

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HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.

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4 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.

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5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VYSKARAKUNNU, KOTTAYAM - 686 001.

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6 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY THE REGISTRAR, PIRYARDARSINI HILLS, KOTTAYAM - 686 560.

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7 THE PRINCIPAL DEVAMATHA COLLEGE, KURAVILANGAD, KOTTAYAM - 686 633.

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W.P(C).Nos.26743/2021 and 12027/2021

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OTHER PRESENT:

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SRI.V.K.SUNIL, SR.GP,
SRI.SURIN GEORGE IPE, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.06.2024, ALONG WITH WP(C).12027/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶21

W.P(C).Nos.26743/2021 and 12027/2021

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 12027 OF 2021

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PETITIONER/S:

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SAMBHU K S, AGED 59 YEARS
S/O SUBRAMANNIAN NAMBOOTHIRI, SREERAGAM, PORACHERY,
EZHCODE P.O.KANNUR-670 307, (RETIRED LIBRARIAN
GRADE-IV, CO-OPERATIVE ARTS AND SCIENCE COLLEGE,
MADAYI, PAZHAYANGADI P.O.KANNUR)
BY ADV M.S.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT,

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THIRUVANANTHAPURAM-695 001.

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4 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVNANTHAPURAM-695 001.

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5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, MANNANCHIRA, KOZHIKODE-673 001.

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6 THE KANNUR UNIVERSITY

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REPRESENTED BY THE REGISTRAR, CIVIL STATION, KANNUR-670 002.

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7 THE PRINCIPAL, CO-OPERATIVE ARTS AND SCIENCE COLLEGE, MADAYI, PAZHAYANGADI RS P.O.KANNUR-670 358. BY ADVS.

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M.SASINDRAN

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I.V.PRAMOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH WP(C).26743/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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W.P(C).Nos.26743/2021 and 12027/2021

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P. V. KUNHIKRISHNAN, J.

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W.P(C).Nos.26743 of 2021 and 12027 of 2021

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Dated this the 11^th day of June, 2024

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COMMON JUDGMENT

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These two Writ Petitions are connected and therefore, I am disposing of these Writ Petitions by a common judgment. These Writ Petitions are filed with the following prayers:

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WP(C) No.26743/2021

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i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to grant higher grade to the petitioner on completion of 8 years, 16 years and 22 years to IVth Grade Librarians and pay scale for the same equal to the IVth Grade Librarians working in government Colleges.

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ii) To declare that IVth grade Librarians working in aided colleges are entitled to similar treatment and to get grade and scale of pay as given to aided colleges Polytechnic and Engineering Colleges.

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iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to grant similar benefits to the petitioners as granted in Ext.P6 to P8 judgments of this Honourable Court.

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iv) Issue such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and

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W.P(C).Nos.26743/2021 and 12027/2021

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circumstances of the case to grant including the cost of these proceedings.

WP(C) No.12027/2021

iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to grant similar benefits to the petitioners as granted in Ext.P5 to P7 judgments of this Honourable Court.

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iv) Issue such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case to grant including the cost of these proceedings.

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Today, when the matters came up for consideration,

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both sides submitted that as per the judgment dated 07.01.2020 in W.A.No.855/2018, this Court directed the 4^th respondent in these cases to consider similar issues.

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W.P(C).Nos.26743/2021 and 12027/2021

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If that is the case, these writ petitions also can be disposed of in tune with the directions of this Court in W.A.No.855/2018.

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These writ petitions are disposed of directing the 4^th respondent to consider the grievance of the petitioners also as directed by this Court in W.A.No.855/2018, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.

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P. V. KUNHIKRISHNAN JUDGE

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Sbna/

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W.P(C).Nos.26743/2021 and 12027/2021

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APPENDIX OF WP(C) 12027/2021

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`PETITION`	`ER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE` `COPY` `OF` `THE` `LETTER` `NO`
		`E1/17730/2012/HEDN. DATED 20.6.2012 GIVEN`
		`BY THE 3RD RESPONDENT TO THE 2ND` `RESPONDENT`
`Exhibit`	`P2`	`TRUE COPY OF RECOMMENDATION GIVEN BY THE` `KERALA STATE HIGHER EDUCATION COUNCIL TO` `SECOND RESPONDENT DATED 30.5.2012`
`Exhibit`	`P3`	`TRUE COPY OF THE REPRESENTATION GIVEN BY` `THE KERALA STATE AIDED COLLEGE LIBRARIANS` `ASSOCIATION TO THE HONOURABLE MINISTER FOR` `EDUCATION ALONG WITH ORDER ISSUED BY THE` `MINISTER TO THE 2ND RESPONDENT DATED` `5.3.2012`
`Exhibit`	`P4`	`TRUE COPY OF THE REPLY GIVEN BY THE` `INFORMATION OFFICER OF SN POLYTECHNIC` `COLLEGE, KOTTIYAM TO APPLICATION FILED BY` `ONE SUDARSAN, IVTH GRADE LIBRARIAN, SS.N` `COLLEGE CHATHANNOOR DATED 27.5.20143`
`Exhibit`	`P5`	`TRUE COPY OF THE JUDGMENT DATED 6.2.2008` `IN WPC NO 32509/2001 DATED 6.2.2008 OF` `THIS HONOURABLE COURT`
`Exhibit`	`P6`	`TRUE COPY OF THE JUDGMENT DATED 30.7.2009` `IN A NO 1312/2008 OF THE DIVISION BENCH OF` `THIS HONOURABLE COURT`
`Exhibit`	`P7`	`TRUE COPY OF THE JUDGMENT DATED 1.12.2009` `IN WPC NO 4651/2008 OF THIS HONOURABLE` `COURT`

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W.P(C).Nos.26743/2021 and 12027/2021

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APPENDIX OF WP(C) 26743/2021

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`PETITIONER EXHI` `Exhibit P1`	`BITS` `TRUE` `COPY` `OF` `THE` `LETTER`
	`NO.E1/17730/2012/E.EDN. DATED 20/6/2012` `GIVEN BY THE 3RD RESPONDENT TO THE 2ND` `RESPONDENT ALONG WITH ENGLISH TRANSLATION.`
`Exhibit P2`	`TRUE COPY OF RECOMMENDATION GIVEN BY THE` `KERALA STATE HIGHER EDUCATION COUNCIL TO` `SECOND RESPONDENT DATED 30/5/2012.`
`Exhibit P3`	`TRUE COPY OF THE REPRESENTATION GIVEN BY` `THE KERALA STATE AIDED COLLEGE LIBRARIANS` `ASSOCIATION TO THE HONOURABLE MINISTER FOR`
	`EDUCATION ALONG WITH ORDER ISSUED BY THE`
	`MINISTER TO THE 3RD RESPONDENT DATED`
	`5/3/2012` `ALONG` `WITH` `TRUE` `ENGLISH` `TRANSLATION.`
`Exhibit P4`	`TRUE COPY OF THE REPLY GIVEN BY THE` `INFORMATION OFFICER OF S.N.POLYTECHNIC`
	`COLLEGE, KOTTAYAM TO AN APPLICATION FILED` `BY ONE SUDARSAN, IVTH GRADE LIBRARIAN,` `S.N.COLLEGE, CHATHANNOOR DATED 27/5/2013.`
`Exhibit P5`	`TRUE COPY OF THE REPRESENTATION SUBMITTED` `BY THE PETITIONER BEFORE THE 3RD` `RESPONDENT DATED NIL.`
`Exhibit P6`	`TRUE COPY OF THE JUDGMENT DATED 6/2/2008` `IN WP(C) NO.32509/2001 DATED 6/2/2008 OF` `THIS HONOURABLE COURT.`
`Exhibit P7`	`TRUE COPY OF THE JUDGMENT DATED 30/7/2009` `IN W.A.NO.1312/2008 OF THE DIVISION BENCH` `OF THIS HONOURABLE COURT.`
`Exhibit P8`	`TRUE COPY OF THE JUDGMENT DATED 1/12/2009` `IN WP(C) NO.4651/2008 OF THIS HONOURABLE` `COURT.`

Sambhu K S v. State of Kerala

Case brief

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Sambhu K S v. State of Kerala

Case brief

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