Minu K K v. Akhil R
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WA.No. 831 of 2015 () IN WP(C).5197/2015 ------------------------------------------ AGAINST THE ORDER/JUDGMENT IN WP(C) 5197/2015 of HIGH COURT OF KERALA DATED 19-03-2015 APPELLANT(S)/3RD PARTIES:
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MINU K.K., ASSISTANT PROFESSOR IN MATHEMATICS, COLLEGE OF ENGINEERING, POONJAR.
2.
MURALI V.S.
ASSISTANT PROFESSOR IN PHYSICS, COLLEGE OF ENGINEERING, KALLOOPPARA, PATHANAMTHITTA.
BY ADVS.SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI RESPONDENT(S)/PETITIONERS & R1TO R3:
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1. AKHIL.R ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT PARIJATHAM THEKKUMCHERY, PUTHOOR P.O, KOTTARAKKARA.
2. ARUN RAVI ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT SOUPARNIKA KAITHAKATTU HOUSE, MALAYILMUKKU, PATHIYOOR EAST KEERIKADU P.O, KAYAMKULAM, ALAPPUZHA.
3. DAINS K.JOHN ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT RED STAR THALACHIRA P.O, KOTTARAKKARA, KOLLAM.
4. JOSEPH JOHN THARAKAN ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT HOUSE NO.70A, PTP NAGAR THIRUVANANTHAPURAM.
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5. KIRAN R ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT KRIPALAYAM KUNAMKUZHI, PUNALUR, KOLLAM.
6. MANJUNATH N ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT VISAKHOM CHEKKALAMUKKU, SREEKARIYAM P.O, THIRUVANANTHAPURAM.
7. PRAVEEN B ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT THENGUM THOTTATHIL PUTHEN VEEDU THATTAYIL P.O, PATHANAMTHITTTA.
8. RAMKUMAR S ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT SREEVILASAM, VAVVAKAVV P.O KARUNAGAPPALLY, KOLLAM.
9. RAMU S ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT VILAYIL VEEDU, PLACHERY P.O KALAYANADU, PUNALUR, KOLLAM.
10. RIGIN MATHEW JAMES ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT CHARIVUKALAYIL HOUSE, VELLAYIL P.O THEODICAL, THIRUVALLA, PATHANAMTHITTA DISTRICT.
11. NITHIN G KRISHNA ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT MAMPRA HOUSE, KALLARKADAVU PATHANAMTHITTA P.O, PATHANAMTHITTA DISTRICT.
12. VINOD VIJAYAN ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING ADOOR RESIDING AT VIJAYA BHAVANAM, PAZHANJIKONAM PATTOOR P.O, NOORANAD, ALAPPUZHA.
13. ANJALI M.J ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT ATHULYA THEVALAPPURAM P.O, PUTHOOR, KOTTARAKKARA KOLLAM.
14. DEEPA SREEDHAR ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING ADOOR RESIDING AT VILAYIL VEEDU, CHENGAMANADU P.O KOTTARAKKARA.
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15. IRENE MARIA ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING ADOOR RESIDING AT KUZHIKANDATHIL HOUSE WEST MANASSERY, MANASSERY P.O, CALICUT.
16. LEENU REBECCA MATHEW ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING ADOOR RESIDING AT VETTEELETHU HOUSE, MANAKALA P.O ADOOR.
17. SUCHITHRA CHANDRASEKHARAN ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING ADOOR RESIDING AT CHITRALAYAM, MADATHILKARAZHMA P.O OACHIRA, KOLLAM.
18. VIBITHA P GEORGE ASSISTANT PROFESSOR IN COMPUTER SCIENCE ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT PALATHINAL KALLISSERY P.O, CHENGANNUR, ALAPPUZHA.
19. HARIKRISHNAN S ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING ADOOR RESIDING AT KOUSTHUBHAM, KADAMPANAD SOUTH P.O PATHANAMTHITTA.
20. LIJINU M THANKACHAN ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING ADOOR RESIDING AT MANNUVILA HOUSE, MELILA P.O (WEST) KUNNICODE, KOTTARAKKARA, KOLLAM.
21. RANI RAJENDRAN ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING ADOOR RESIDING AT MALAMEL HOUSE, THATTAYIL P.O PANDALAM, PATHANAMTHITTA.
22. JEENA JAMES ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING ADOOR RESIDING AT JAMES COTTAGE, MANGADU ELAMANNOOR P.O, PATHANAMTHITTA.
23. CHITHRA RAVINDRAN ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING ADOOR RESIDING AT RAVI BHAVAN, CHATHANNUPUZHA CHOORAKODE P.O, PATHANAMTHITTA.
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24. AISWARYA GOPINATH ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, ADOOR RESIDING AT AISWARYA KUDAVATTOOR P.O, ODANAVATTOM, KOTTARAKKARA.
25. LINCY JOSEPH ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING ADOOR RESIDING AT MOTHER DALE, TC 34/375(5) JUDGES COMPOUND, THIRUVANANTHAPURAM.
26. VARUNLAL R ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, ADOOR RESIDING AT THIRUVONA, CHUNKATHARA, PUTHOOR P.O, KOLLAM.
27. ANUROOP P.V ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT PUTHENVEEDU, NETTAYAM P.O POOYAPPALLY, KOLLAM.
28. MAREENA FRANCIS ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT PANACKAL NADUBHAGOM, CHAMPAKULAM P.O, ALAPPUZHA.
29. RADHASREE S ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT RADHASREE BHAVAN, KANDALA KANDALA P.O, THIRUVANANTHAPURAM.
30. RADHIKA R CHANDRAN ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT VADAKKEDATHU PUTHEN VEEDU KOTTAYAM P.O, PATHANAMTHITTA.
31. OMEGA A.R ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT ANANDA BHAVAN, NEAR POST OFFICE EZHUKONE P.O, KOLLAM.
32. SUMA JACOB ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT DARSANA SASTHAMCOTTA P.O, KOLLAM.
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33. HRIDAYA MERIN SAJU ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT NADUVILATHU SHIJIN VILLA NELLIKALA P.O, PATHANAMTHITTA.
34. ANITA JOSE ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT AMBALATHINKAL, THELLAKOM P.O KOTTAYAM.
35. SHAEMA LIZABETH MATHEW ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING ADOOR RESIDING AT KARIKKOTTU KADESH, PUTHIYACAVU MAVELIKKARA, ALAPPUZHA.
36. SUJITHA SURENDRAN ASSISTANT PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, ADOOR RESIDING AT PRANAVAM VETTIYAR P.O, MAVELIKKARA, ALAPPUZHA.
37. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM 695 001.
38. INSTITUTE OF HUMAN RESOURCE DEVELOPMENT PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR, 695 014.
39. THE PRINCIPAL COLLEGE OF ENGINEERING, MANAKALA P.O, ADOOR PATHANAMTHITTA 691 551.
BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER BY SRI.PRATHEESH.P BY SRI.V.A.MOHAMMED, SC, IHRD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09-04-2015 ALONG WITH WA NO.832/15 & CONN.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
=============================== Writ Appeal Nos. 831, 832, 833 & 834 of 2015 =============================== Dated this the 9th day of April, 2015
J U D G M E N T
Antony Dominic, J.
The appellants, who were not parties to the writ petitions, filed these appeals after obtaining leave from this Court. Writ petitions were filed by the party respondents herein who were working on ad hoc basis for ten months in the Colleges run by the Institute of Human Resources Development (I.H.R.D.). What they essentially sought was the benefit of Government Order dated 19/7/14, as per which, according to them, they were entitled to continue for a period of three years in service and also for other benefits provided therein. 2.
By the judgment under appeals, the learned single Judge directed that it is for the IHRD to decide whether they should accept the Government Order and implement the same in their institution. On this basis, learned single Judge directed the IHRD to take a decision in the matter, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment.
WA Nos.831, 832, 833 & 834/15 : 2 :
3.
These appeals are filed by Assistant Professors of the IHRD, who are regular employees. Their main grievance is narrated in para 4 of the memorandum of these appeals, which is extracted below for reference;
"4.
The appellants herein are regular teachers of the Engineering Colleges under the IHRD. They are affected by the direction given by the learned Single Judge to retain the petitioners in the post held by them, since applications have been called for transfer. Now by virtue of the judgment of the learned Single Judge, even if the petitioners and other regular employees apply for transfer, there is every possibility that their claim would be rejected stating that contract employees are holding the posts".
It is urging this issue that they have filed these appeals. 4.
As we have already stated, in the judgment under appeals, the learned single Judge has neither upheld the claim of the writ petitioners nor did the learned single Judge rejected the same. Instead, the learned single Judge has only directed the IHRD to decide as to whether the Government Order mentioned
WA Nos.831, 832, 833 & 834/15 : 3 :
above should be adopted and implemented in the IHRD. It is true that if the decision eventually to be taken by the IHRD is in favour of the writ petitioners, it can have an impact on the appellants and that precisely is what is the grievance that led them to file this appeals also.
5.
In our view, the grievance now raised by the appellants as projected in para 4 of the appeal memorandums, can, for the present, be redressed, if the IHRD takes a decision as directed by the learned single Judge in a shorter period and while doing so, the grievance raised by the appellants should also be dealt with. Accordingly, we dispose of these appeals directing that the IHRD shall take a decision as directed by the learned single Judge, as expeditiously as possible, at any rate, before 30th of April, 2015 and, while doing so, the IHRD shall address the grievance urged by the appellants also, which has been extracted in the earlier portion of this judgment.
Sd/- ANTONY DOMINIC JUDGE Sd/- ALEXANDER THOMAS JUDGE Rp