High Court of KeralaWP(C)/1616/2015disposed of

Dr.Anto P.V. v. State Of Kerala

2015-01-16Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 --------------------------- PETITIONER(S):

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1. DR.ANTO P.V. AGED 43 YEARS S/O.VARGHESE P.D, ASSISTANT PROFESSOR ST.THOMAS COLLEGE, THRISSUR, PUTHUR HOUSE SANTHY LANE, CHETTUPUZHA, THRISSUR 680 012

2. DR.SUNNY JOSEPH, AGED 47 YEARS S/O. JOSEPH M C ASSISTANT PROFESSOR ST.GEORGE COLLEGE, ARUVITHURA P.O, MANNARATH HOUSE ERATTUPETTA 686 122

3. DR.SUNIL JOSE T AGED 42 YEARS S/O. T.O JOSE, ASSISTANT PROFESSOR, ST.THOMAS COLLEGE THRSSUR THERATTIL KURIAN HOUSE, B.G BAZAR ARANATTUKARA 680 618

4. DR.CIBY KURIAN AGED 43 YEARS S/O.V.D KURIAN, ASSISTANT PROFESSOR, DEVAMATHA COLLEGE KURAVILANGAD VAYALIKUNNEL HOUSE, ANTHINAD P.O KOTTAYAM 686 651

5. SAJU M.L AGED 45 YEARS S/O.M.V ITTIARA, ASSISTANT PROFESSOR ST.THOMAS COLLEGE, THRISSUR MAMPILLY HOUSE IRINJALAKUDA 680121

6. DR.BRINCY MATHEW AGED 41 YEARS D/O.JOSEPH MATHEW, ASSISTANT ASSSISTANT PROFESSOR DEVAMATHA COLLEGE, KURAVILANGAD PUTHIYIDATHUCHALIL HOUSE, RAMAPURAM BAZAR P.O KOTTAYAM 686 575

7. JOSE JAMES AGED 39 YEARS S/O.K.J JACOB, ASSISTANT PROFESSOR ST.JOSEPH'S COLLEGE, ARAKULAM P.O KADATHALAKUNNEL HOUSE, CHETHIMATTOM, CLUB ROAD PALA

8. ROY THOMAS AGED 47 YEARS S/O.J THOMAS, ASSISTANT PROFESSOR, ST.GEORGE'S COLLEGE ARUVITHURA, GANAPATHIPLACKEL POOVARANY P.O KOTTAYAM 686 577

9. SINI JACOB AGED 35 YEARS S/O.E.J JACOB, ASSISTANT PROFESSOR ST.GEORGE'S COLLEGE, ARUVITHURA, VEMPIL CHEMMALAMATTOM, KALAKETTY 686 508

10. LINU T JAMES, AGED 40 YEARS S/O. C.A JAMES, ASSISTANT PROFESSOR ST.GEORGE'S COLLEGE, ARUVITHURA, CHERUVANKUNNEL HOUSE NEAR A.K.JM.H.S KANJIRAPALLY, KOTTAYAM 686 507

11. VIJU M.J AGED 40 YEARS S/O.JOSEPH M, ASSISTANT PROFESSOR, ST.THOMAS COLLEGE THRISSUR, MEENAKUDIYIL HOUSE, CHUVANNAMANNU KALLIDUKKU-PATTIKKAD, THRISSUR 680 652

12. JAISON P JACOB AGED 45 YEARS S/O.P.V CHACKO, ASSSITANT PROFESSOR, DEVAMATHA COLLEGE KURAVILANGAD, PLACKIYIL HOUSE, KURUPUTHARA P.O MANJOOR P.O 686 603 BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS:

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1. STATE OF KERALA, AGED 45 YEARS REP BY ITS SECRETARY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001

2. PRINCIPAL SECRETARY(FINANCE),FINANCE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001

3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001

4. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM 695 001

5. MAHATMA GANDHI UNIVERSITY, REP BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA KOTTAYAM 686 504

6. CALICUT UNIVERSITY REP BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENJIPALAM KOZHIKODE 673 004 R BY GOVERNMENT PLEADER: SRI VIJULAL V SR.

R BY SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS R BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXHIBIT P1 A TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS THROUGH DR.K.M FRANCIS,UNIT PRESIDENT KPCTA,.ST THOMAS COLLEGE UNIT,THRISSUR TO THE HON'BLE CHIEF MINSITER OF KERALA DT 2211-2013 EXHBIIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS TO THE 3RD RESPONDENT DT 20-12-2013 EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DT 15-10-2014 SUBMITTED BEFORE THE 1ST RESPONDENT EWXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE CHIEF MINISTER OF KERALA DT 29-05-2013 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT 20-11-2014 RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.1616 of 2015 ============================ Dated this the 16th day of January, 2015

JUDGMENT

Petitioners are presently working as Assistant Professors in various aided colleges affiliated to the respondents 5 and 6-Universities. It is submitted that prior to the entry in service as Assistant Professors, they had more than 10 years of approved service as Higher Secondary School Teachers in aided schools. The basic pay of the Assistant Professors is `15,600/- as per the U.G.C pay scale of 15,600+AGP 6000-39,000/-. It is submitted that when petitioners relived as Higher Secondary School Teacher, their basic pay after pay fixation was `27,820/-. Now they are drawing less pay than that of counter parts in Higher Secondary Schools. Petitioners submit that they are entitled to protection of their last drawn pay as a Higher Secondary School Teacher. It is further submitted that, in terms of relevant statutory provisions under the Calicut University Statutes, they are entitled to get their pay fixed. Accordingly, Ext.P5 representation is preferred before the first respondent.

W.P(C).No.1616 of 2015 2.

In view of pendency of Ext.P5 representation, there shall be a direction to the first respondent to dispose of Ext.P5 after affording an opportunity of hearing to the petitioners within a period of four months from the date of receipt of a copy of this Writ Petition.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/16/01/15