Handler petitioner sought approval and payment of arrears regarding her government appointment. The court disposed of the petition by recording an order from July 2016 directing salary disbursement subject to audit, noting arrears had been paid, calling the matter closed.
The writ petition is disposed of by recording an order dated 01.06.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 565 OF 2016
PETITIONER:
DIVYA V.R AGED 35 YEARS ASSISTANT PROFESSOR, DEPARTMENT OF POLITICALSCIENCE, SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR, KOTTAYAM DISTRICT.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695 001.
6 THE PRINCIPAL SREE VIDYA RAJA NSS COLLEGE, T.P.PURAM,VAZHOOR, KOTTAYAM DISTRICT - 686 001.
BY ADVS. GOVERNMENT PLEADER SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY SRI.P.GOPAL SRI.B.MURALEEDHARAN
W.P (C) No.565 of 2016
2
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
SRI.V.K.SUNIL, SR.GP, SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.565 of 2016
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P.V.KUNHIKRISHNAN,J.
- - - - - - - - - - - - - - - - - - - - - W.P (C) No.565 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
“i) to issue a writ of certiorari quashing Exts.P5 and P6 as unjust, illegal, arbitrary and unsustainable.
ii) to declare that appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics in the 6th respondent's college is entitled to be approved by the respondents 1 to 4.
iii) to issue a writ of mandamus directing the respondents 1 to 3 to pass orders approving the appointment of the petitioner w.e.f 21.10.2013 as Assistant Professor in Politics and to disburse salary to the petitioner with arrears.
iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.” [SIC]
2. When this writ petition came up for consideration on
01.06.2016, this Court passed the following order:-
“The salary due to the petitioner shall be disbursed with effect from 1-6-2016 in as much as the University has already approved the appointment. The disbursement of arrears of salary would be dependent on the outcome of this writ petition.”
W.P (C) No.565 of 2016
4
the counsel appearing for the petitioner submitted that the petitioner received the entire arrears of salary and the writ petition can be closed recording the above order.
Therefore, the writ petition is disposed of recording the
order dated 01.06.2016.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
bng
W.P (C) No.565 of 2016
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APPENDIX OF WP(C) 565/2016
PETITIONER EXHIBITS
| EXHIBIT | P1. TRUE COPY 18.10.2013 |
OF |
THE APPOINTMENT ORDER DATED |
|---|---|---|---|
| EXHIBIT | P2. TRUE COP 29.10.2014 |
Y |
OF THE PROCEEDINGS DATED |
| EXHIBIT | P3. TRUE COPY 15.1.2013 |
OF | G.O(MS) NO.8/2013/H.EDN DATED |
| EXHIBIT | P4. TRUE COPY IN WPC NO. |
OF 263 |
THE JUDGEMENT DATED 25.1.2010 87/2008 |
| EXHIBIT | P5. TRUE COPY |
OF | THE LETTER DATED 30.10.2015 |
| EXHIBIT | P6. TRUE COPY |
OF | THE LETTER DATED 23.11.2015 |
Divya V.R
State of Kerala
Director of Collegiate Education Thiruvananthapuram
Deputy Director of Collegiate Education Kottayam
Mahatma Gandhi University
N.S.S. College Central Committee Changanassery
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
