High Court of KeralaWP(C)/8464/2015disposed of

Anu Rachel Abraham v. State Of Kerala

2015-03-18Honourable Mr. Justice A.Muhamed Mustaque7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 --------------------------- PETITIONERS :

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1. ANU RACHEL ABRAHAM,AGED 25 YEARS, ASST.PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT PEEDIKAYIL HOUSE, AZHOOR P.O.

PATHANAMTHITTA.

2. AJUSHA V.L., ASST.PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT VALUPARAMBIL, RSPO, THIRUVALLA.

3. LITTY K.MATHEWS, ASST.PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, KALLOOPPARA, RESIDING AT KALLOODIKUZHIYIL HOUSE, VADASERIKARA P.O., PATHANAMTHITTA.

4. MANIVEENA C., ASST.PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, KALLOOPPARA, RESIDING AT MANIMANCHEL HOUSE, MUTTATHUKONAM P.O. PATHANAMTHITTA.

5. HARSHA V., ASST.PROFESSOR IN COMPUTER SCIENCE AND ENGINEERING, COLLEGE OF ENGINEERING, KALLOOPPARA, RESIDING AT ASWATHY, MUKUNNERY, PULIPPARA P.O. KADAKKAL, KOLLAM.

6. KURUVILA JOHN, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT NEDUNGATHRA HOUSE, MANJADI P.O.

THIRUVALLA.

7. CHITHRA CHANDRAN, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA, RESIDING AT USHUS MULAMPUZHA, PANDALAM P.O., PATHANAMTHITTA.

8. ANJU SARA GEORGE, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT KANJIRAKKATTU THEKKETHIL NEAR HEAD POST OFFICE, THIRUVALLA.

9. DEEPA M.S, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT MOOLAYIL HOUSE, KARUKAPPILLY P.O. KOLENCHERY, ERNAKULAM.

10. MAHESH B.S., ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT BRADIYIL HOUSE, KARUKAPPILLY P.O. KOLENCHERY, ERNAKULAM.

11. RINCY YOHANNAN, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT KALLUVILA KIZHAKATHIL THRIPPILAZHIKOM P.O., KUNDARA, KOLLAM.

12. SNEHA RACHEL PHILIP, ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT MANNIL SNEHA VILLA, MARAMON P.O., THIRUVALLA.

13. AJESH M.A., ASST.PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT MANIMALAPARAMBIL HOUSE, EDAKKUNNAM P.O. KANJIRAPALLY, KOTTAYAM.

14. JEENA JOHN, ASST.PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT ARANGATH HOUSE, KANIMANGALAM P.O. THRISSUR.

15. ELPHY MATHEW, ASST.PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT CHETTOOR HOUSE, PLAMUDY P.O.

KOTHAMANGALAM, ERNAKULAM.

16. AJILLY ANN JOHN, ASST.PROFESSOR IN ELECTRICAL AND ELECTRONICS ENGINEERING COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT VADAKEDATHU, PURAMATTOM P.O., THIRUVALLA.

17. ASHNA MARIN PHILIP, ASST.PROFESSOR IN INFORMATION TECHNOLOGY COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT PANACHAMOOTTIL HOUSE NANGIARKULANGARA P.O., ALAPPUZHA.

18. HARSHA BABU, ASST.PROFESSOR IN INFORMATION TECHNOLOGY COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT GOVINDA BHAVANAM, KOTTAKKAKOM WARD CUTCHERY P.O., KOLLAM.

19. GISHA PAPPACHAN, ASST.PROFESSOR IN INFORMATION TECHNOLOGY COLLEGE OF ENGINEERING, KALLOOPPARA RESIDING AT PADINJAREVEETTIL, NALUNNAKKAL P.O. VAKATHANAM, KOTTAYAM.

BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,PRAJOE TOWERS, VAZHUTHACAUD THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR-695014.

3. THE PRINCIPAL,COLLEGE OF ENGINEERING, KALLOOPPARA, KADAMANKULAM P.O., THIRUVALLA-689603. R1 BY GOVERNMENT PLEADER BY SRI.V.A.MOHAMMED, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------- 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.

EXT.P2(O):

THE COPY OF THE REPRESENTATION FILED BY THE 16TH PETITIONER BEFORE THE 3RD RESPONDENT.

WP(C).NO. 8464 OF 2015 (G) 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.P3:

THE COPY OF THE LETTER NO.6764/B1/2011/H.EDN DATED 13.1.2015 ISSUED BY THE ADDL.CHIEF SECRETARY TO GOVERNMENT. RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.8464 of 2015 ***************************************************** Dated this the 18th day of March, 2015

JUDGMENT

Petitioners are working as Assistant Professors on contract basis in the Engineering Colleges run by the second respondent. The case of the petitioners is that in the light of Ext.P1 Government Order, they are entitled for minimum period of three years and also other benefits like Maternity Leave, ESI, EPF etc. The petitioners made Ext.P2 series of representations before the Principal concerned to bestow the benefit of Ext.P1 Government Order. It is on account of non-consideration of Ext.P2 series, the petitioners have approached this Court.

Considering the facts and circumstances, there shall be a direction to the second respondent to take appropriate decision based on Ext.P2 series after adverting to Ext.P1

W.P.(C) No.8464 of 2015 2 Government Order within a period of two months from the date of receipt of a copy of this judgment. Till a decision is taken in the matter, the petitioners shall not be terminated from the service.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln