Roshni Oommen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 7003 of 2015 (A) --------------------------- PETITIONER(S):

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1. ROSHNI OOMMEN, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT MATHILUNKAL HOUSE, MUTHOOR P.O., THIRUVALLA, PATHANAMTHITTA.

2. NEETHAN ELIZABETH ABRAHAM, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT POOPPADA AYARKATTIL, MANARCADU P.O., KOTTAYAM.

3. VEENA ABRAHAM, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT CHEMPANTHARA HOUE, VALLAMKULAM P.O., THIRUVALLA.

4. SANTHI VIJAI, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT SANTHI NIVAS, MATHRA P.O., PUNALUR, KOLLAM.

5. AMRUTHA S.R., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT VATTAPARAMBIL, RUBY NAGAR P.O., CHANGANACHERRY, KOTTAYAM.

6. JAGATH KRISHNA.M.P., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT UPPARATHALAKUZHIVEEDU, KURUSUMUTTOM, PEYAD P.O., THIRUVANANTHAPURAM.

7. SHARA MATHEW, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KARAYIL DALE HAVEN, OPPOTTIL JUNCTION, THAZHATHANGADY, KOTTAYAM.

sts 2/-

-2-

8. AARATHI R KRISHNA, ASST PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KRISHNAPRIYA, VELLUKUTTA, PUTHUPPALLY P.O., KOTTAYAM.

9. JASMINE GEORGE, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT CHENCHERIL HOUSE, KAIPPALLY P.O., POONJAR, KOTTAYAM.

10. RIYAS T.M., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT THANNIMOOTTIL HOUSE, MLAMALA, VANDIPERIYA, IDUKKI.

11. SHILU TRESA VINOD, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KOOTTARATHIL-MANALAYIL HOUSE, MONCOMPU, THEKKEKKARA P.O., ALAPPUZHA.

12. HARISREE M.M., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT T C 50/1105(3), T.M.NAGAR, THALIYAL, KARAMANA P.O., THIRUVANANTHAHPURAM.

13. JEENA J., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT GOPAL NIVAS, OOMAN PALLIKARA, KILIMANOOR P.O., THIRUVANANTHAPURAM.

14. BIBIN BABY JOHN, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT THATTACKATTU BIBIN VILLA, ARUKALIKAL WEST, VAYALA P.O., PATHANAMTHITTA DISTRICT.

15. BINI T.G., ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT BABU VILLA, MELPADOM P.O., MANNAR, ALAPPUZHA.

16. NEEMA ABRAHAM, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING,COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KANNANTHANATHU HOUSE, ANGADI P.O., RANNY, PATHANAMTHITTA.

3/-

-3-

17. ASWATHY SAM, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT VALIYAKUNNUMPURATHU HOUSE, KARUKACHAL P.O., PANAYAMPALA, KOTTAYAM.

18. VINEETHA S. KRISHNAN, ASST. PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT RAJARAJESWARAI (FLAT NO.A-2), NAKSHATHRA APARTMENTS, KAITHAVANA P.O., ALAPPUZHA.

19. JESEENA A., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT MANGALALAYAM, PADA NORTH, KARUNAGAPPALLY, KOLLAM.

20. LINTU LIZ THOMAS, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT VALIYATHAMARASSERIL, NEAR Y M C A, THIRUVALLA.

21. VIJINI MARY KURIAN, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT PALLIVATHUKKAL, MUNDENCAVU, CHENGANNUR, ALAPPUZHA.

22. RENUKA BABU T., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT THURUTHIKKATTUCHIRA HOUSE, KUDAMALORR P.O., KOTTAYAM.

23. SOUMYA SARA KOSHY, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING. COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT ANTHERIL HOUSE, VADAVATHOOR P.O., KOTTAYAM.

24. DEEPA S.V., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT ASWATHY NIVAS, ADINADU SOUTH, KATTILKADAVU P.O., KARUNAGAPPALLY, KOLLAM.

25. SOORYA S. NAIR, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KALIYIKKAL HOUSE, TONAKOM, MAVELIKARA P.O., ALAPPUZHA.

4/-

-4-

26. NEETHA JOSEPH, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT VAVOLICKAL, DEVAGIRI P.O., KANGAZHA, KOTTAYAM.

27. DHANYAMOL ANTONY, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KANJIRATHINKAL, RAMAPURAM, BAZAR P.O., RAMAPURAM, KOTTAYAM.

28. NASEENA N., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT MUKALAYYATHU, THAMARAKULAM P.O., ALAPPUZHA.

29. PRIYADARSINI S., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT SHREYAS, PANANGAD P.O., PATHANAMTHITTA DISTRICT.

30. SHEEBA L., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT S.L.BHAVANAM, ELLIPPAKULAM P.O., VALLIKUNNAM, ALAPPUZHA.

31. REBY JOHN, ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT THATTATHERIL, PERISSERY P.O., CHENGANNUR.

32. SEMIYYA E., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT NAJMA MANZIL, KULASEKHARAPATHY, KUMBAZHA P.O., PATHANAMTHITTA.

33. SANTHI.R.S., ASST. PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KAIPPALLY VEEDU, VETTIYARA P.O., NAVAIKULAM, THIRUVANANTHAPURAM.

34. M.FATHIMA SADINA, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT FATHIMA BUILDING, PATTATHIMUKKU, PERUNNAI P.O., CHANGANACHERRY.

5/-

-5-

35. ATHIRA KRISHNA R., ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT VALIPLACKAL, PULICKAL KAVALA P.O.. KOTTAYAM.

36. ARYA A.P., ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT SREECHITHIRA, KAREELAKULANGARA P.O., KAYAMKULAM, ALAPPUZHA.

37. ANNA P ALEX THOMAS, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT MEMANA PUTHENTHU, KOLLAKA P.O., KARUNAGAPPALLY, KOLLAM.

38. DEEPA JAMES, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT THEKKEPALACKAL, ARTHUNKAL P.O., CHERTHALA.

39. SEENA THOMAS, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT MATHEICKAL HOUSE, MEENKUNNAM P.O., MUVATTUPUZHA, ERNAKULAM.

40. NAYANA, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT NANDANAM, SRP MARKET P.O., THAZHAVA, KARUNAGAPPALLY, KOLLAM.

41. SANITHA MARY KURIAN, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KUMMENKULAM HOUSE, VAKATHANAM P.O., KOTTAYAM.

42. STEFFY ELIZABETH MATHEWS, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KOZHIKUNNATHU, SANTHIPURAM P.O., CHANGANACHERRY.

43. ROSAMMA THOMAS, ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT KATHAYANAT, PONKUNNAM P.O., KOTTAYAM.

6/-

-6-

44. PREETHA S., ASST. PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING, COLLEGE OF ENGINEERING, CHENGANNUR, RESIDING AT ANANDA VILASOM, NADAKKAL, ADUTHALA P.O., KOLLAM.

BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. INSTITUTE OF HUMAN RESOURCE DEVELOPMENT, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIREICTOR-695 014.

3. THE PRINCIPAL, COLLEGE OF ENGINEERING, CHENGANNUR, ALAPPUZHA DISTRICT-689 121.

R1 BY SR GOVERNMENT PLEADER SRI.M.A.FAYAZ R2 BY SRI.V.A.MOHAMMED, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 7003 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 THE COPY OF THE G.O.(MS) NO.552/2014/H.EDN DATED 19/7/2014. EXT.P2.

THE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT EXT.P2(A).

THE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(B).

THE COPY OF THE REPRESENTATION FILED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(C).

THE COPY OF THE REPRESENTATION FILED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(D).

THE COPY OF THE REPRESENTATION FILED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(E).

THE COPY OF THE REPRESENTATION FILED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(F).

THE COPY OF THE REPRESENTATION FILED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(G).

THE COPY OF THE REPRESENTATION FILED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(H).

THE COPY OF THE REPRESENTATION FILED BY THE 9TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(I).

THE COPY OF THE REPRESENTATION FILED BY THE 10TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(J).

THE COPY OF THE REPRESENTATION FILED BY THE 11TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(K).

THE COPY OF THE REPRESENTATION FILED BY THE 12TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(L).

THE COPY OF THE REPRESENTATION FILED BY THE 13TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(M).

THE COPY OF THE REPRESENTATION FILED BY THE 14TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(N).

THE COPY OF THE REPRESENTATION FILED BY THE 15TH PETITIONER BEFORE THE 3RD RESPONDENT.

2/-

-2EXT.P2(O).

THE COPY OF THE REPRESENTATION FILED BY THE 16TH PETITIONER BEFORE THE 3RD RESPONDENT EXT.P2(P).

THE COPY OF THE REPRESENTATION FILED BY THE 17TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(Q).

THE COPY OF THE REPRESENTATION FILED BY THE 18TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(R).

THE COPY OF THE REPRESENTATION FILED BY THE 19TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(S).

THE COPY OF THE REPRESENTATION FILED BY THE 20TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(T`).

THE COPY OF THE REPRESENTATION FILED BY THE 21ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(U).

THE COPY OF THE REPRESENTATION FILED BY THE 22ND PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(V).

THE COPY OF THE REPRESENTATION FILED BY THE 23RD PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(W).

THE COPY OF THE REPRESENTATION FILED BY THE 24TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(X).

THE COPY OF THE REPRESENTATION FILED BY THE 25TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(Y).

THE COPY OF THE REPRESENTATION FILED BY THE 26TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(Z).

THE COPY OF THE REPRESENTATION FILED BY THE 27TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(AA).

THE COPY OF THE REPRESENTATION FILED BY THE 28TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(BB).

THE COPY OF THE REPRESENTATION FILED BY THE 29TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(CC).

THE COPY OF THE REPRESENTATION FILED BY THE 30TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(DD).

THE COPY OF THE REPRESENTATION FILED BY THE 31ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(EE).

THE COPY OF THE REPRESENTATION FILED BY THE 32ND PETITIONER BEFORE THE 3RD RESPONDENT.

3/-

-3EXT.P2(FF).

THE COPY OF THE REPRESENTATION FILED BY THE 33RD PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(GG).

THE COPY OF THE REPRESENTATION FILED BY THE 34TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(HH).

THE COPY OF THE REPRESENTATION FILED BY THE 35TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(II).

THE COPY OF THE REPRESENTATION FILED BY THE 36TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(JJ).

THE COPY OF THE REPRESENTATION FILED BY THE 37TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(KK).

THE COPY OF THE REPRESENTATION FILED BY THE 38TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(LL).

THE COPY OF THE REPRESENTATION FILED BY THE 39TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(MM).

THE COPY OF THE REPRESENTATION FILED BY THE 40TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(NN).

THE COPY OF THE REPRESENTATION FILED BY THE 41ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(OO).

THE COPY OF THE REPRESENTATION FILED BY THE 42ND PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(PP).

THE COPY OF THE REPRESENTATION FILED BY THE 43TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P2(QQ).

THE COPY OF THE REPRESENTATION FILED BY THE 44TH PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P3.

THE COPY OF THE LETTER NO.6764/B1/2011/H.EDN DATED 13/1/2015 ISSUED BY THE ADDL. CHIEF SECRETARY TO GOVERNEMNT. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO.JUDGE sts

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.7003 of 2015 ***************************************************** Dated this the 5th day of March, 2015

JUDGMENT

The petitioners are working as Assistant Professors on contract basis in the third respondent College. The third respondent is coming under the control of the Institute of Human Resources Development (for short, 'IHRD'), the second respondent. The Government by Ext.P1 order directed that the contract employment should be minimum for a period of three years. The petitioner's case is that Ext.P1 order shall also made applicable in IHRD. The petitioner has approached the third respondent Principal by Ext.P2 series. It is on account of non-consideration of Ext.P2 series, the petitioner has approached this Court. In view of the fact that Ext.P2 series have been submitted before the Principal, the Principal is directed to

W.P.(C) No.7003 of 2015 2 forward Ext.P2 series to the second respondent without any delay, at any rate, within two weeks from the date of receipt of a copy of this judgment. Thereafter, an appropriate decision shall be taken by the second respondent after adverting to Ext.P1 Government Order within a period of two months. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln