Dr.P.Ganga Devi v. Kerala Agricultural University

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 22097 of 2005 (E) ---------------------------- PETITIONER(S):

-------------------------- DR. P. GANGA DEVI, ASSOCIATE PROFESSOR HEAD OF UNIVERSITY LIVE STOCK FARM COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY THRISSUR-680 651.

BY ADVS.SRI.P.RAVINDRAN (SR.) SRI.ANIL SIVARAMAN RESPONDENT(S):

----------------------------

1. KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR.

VELLANIKKARA, THRISSUR

2. STATE OF KERALA REP. BY ITS SECRETARY, AGRICULTURAL DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3. REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR.

R1,R3 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY R BY GOVERNMENT PLEADER SRI. T.R. RAJESH R BY SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22097 of 2005 (E) APPENDIX PETITIONER'S EXHIBITS EXT. P1:

TRUE COPY OF THE ORDER DATED 05.11.1983.

EXT. P2:

TRUE COPY OF THE GOVERNMENT ORDER 16.7.1996.

EXT. P3:

TRUE COPY OF THE DECISION OF THE UNIVERSITY DATED 21.8.97.

EXT. P4:

TRUE COPY OF THE PAYSLIP ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 21.05.2005. EXT. P5:

TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 18.1.05.

EXT. P6:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 11.05.05. EXT. P7:

TRUE COPY OF THE DIVISION BENCH ORDER IN W.A.NO:310/05 DT 11.2.05.

RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.22097 of 2005 - E ====================== Dated this the 8th day of September, 2015

J U D G M E N T

Read order dated 26.07.2005.

"Admit.

Standing Counsel Sri. N.D. Premachandran accepts notice for respondents Nos.1 and 3. Urgent notice to Respondent No2.

2. Petitioner was served with Ext.P5 order dated 18.01.2005. In the last paragraph of Ext.P5, it is stated that, grievances, if any, with respect to the rectification sought to be made may be submitted to the Registrar, Kerala Agricultural University within 30 days. In response to Ext.P5, the petitioner filed Ext.P6 representation dated 11.05.2005. When similar matters came up, the respondent University was directed to consider the explanation submitted by the members of the teaching staff against similar notices and further direction was issued to keep in abeyance the final decision. Hence in this case also, there will be a direction that the respondent University may proceed with the matter and take a final decision pursuant to Exts.P5 and P6, but implementation of the final orders, shall be kept in abeyance, until further orders. Petitioner shall be afforded an opportunity of being heard before final orders are passed on Ext.P6."

W.P.(C) No.22097 of 2005 - E

2. Since the petitioner's grievance was directed to be considered and a final decision taken, pending which the proceedings challenged herein were directed to be kept in abeyance, necessarily the petitioner would have to challenge the final decision. The interim order is made absolute and the proceedings would be definitely subject to the final decision taken on the representation made by the petitioner. All the contentions of the petitioner and the respondent University are left open.

The writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.