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High Court of KeralaWP(C)/18476/2009closed

Dr.K.Vasanthakumar v. The Registrar, Kerala Agricultural Univ

2015-09-03Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 18476 of 2009 (D) ---------------------------- PETITIONER:

------------------- DR.K. VASANTHAKUMAR, AGED 57 YEARS, PROFESSOR AND HEAD OF THE DEPT. OF PROCESSING TECHNILOGY COLLEGE OF AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAVIKUMAR RESPONDENTS:

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1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKARA, THRISSUR.

2. COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, MANNUTHY.

3. DEPUTY COMPTROLLER, INTERNAL AUDIT CIRCLE, COLLEGE OF ATRICULTURE, VELLAYANI THIRUVANANTHAPURAM.

BY ADV. SRI.K.P.MUJEEB S.C R1 & 2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY BY SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18476 of 2009 (D) APPENDIX PETITIONER'S EXHIBITS P1 :

TRUE COPY OF THE JUDGMENT DATED 6.8.2007 P2 :

TRUE COPY OF THE ORDER DATED 22.4.2008 ISSUED BY THE RESPONDENT P3 :

TRUE COPY OF THE PROCEEDINGS OF THE UNIVERSITY DATED 13.9.2007 P4 :

TRUE COPY OF THE ORDER NO.GA C2/23346/99 DATED 27.5.2008 ISSUED BY THE RESPONDENT P5 :

THE STATEMENT OF FIXATION OF PAY AND ALLOWANCES OF THE PETITIONER UNDER 1986 UGC SCHEME AS ASSOCIATE PROFESSOR W.E.F. 27.12.1989 P6 :

THE STATEMENT OF FIXATION OF PAY AND ALLOWANCES OF THE PETITIONER UNDER 1996 UGC SCHEME AS ASSOCIATE PROFESSOR W.E.F. 1.1.1996 P7 :

TRUE COPY OF THE STATEMENT OF FIXATION OF PAY AND ALLOWANCES OF THE PETITIONER AS PROFESSOR (HORTICULTURE) UNDER 1996 UGC SCHEME W.E.F. 2.7.1998 P8 :

TRUE COPY OF THE STATEMENT P9 :

TRUE COPY OF THE STATEMENT SHOWING THE ARREARS DUE TO THE PETITOINER FROM 1.1.1996 TO 29.2.2008 P10 :

TRUE COPY OF THE STATEMENT SHOWING TOTAL AMOUNT OF ARREARS P11 :

TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF MONTHLY WISE ARREARS OF 1996 UGC SCHEME FROM 1.1.1996 TO 31.5.2000 P12 :

TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF MONTHLY WISE ARREARS OF 1996 UGC ARREARS FROM 1.6.2000 TO 18.6.2002 P13 :

TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF MONTHLY WISE ARREARS FROM 19.6.2002 TO 5.11.2005 P14 :

TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF MONTHLY WISE ARREARS STATEMENT FROM 6.11.2005 TO 28.2.2008 P15 :

TRUE COPY OF THE REPRESENTAITON DATED 9.2.2009 //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 18476 of 2009 (D) ------------------------------------------ Dated this the 3rd day of September, 2015

J U D G M E N T

The petitioner who was working as Professor and Head of Department of Processing Technology at the College of Agriculture, Vellayani, is aggrieved by the non-regularization of the period of suspension between 12.4.1996 to 1.12.1996.

2.

The petitioner during the said period was suspended on the allegation of irregularities alleged in the purchase and sale of plant seeds, seedlings and planting materials. A case is said to have been registered against the petitioner by the Vigilance and Anti Corruption Bureau, Thiruvananthapuram, which was later referred on the V.A.C.B., filing a final report as 'mistake of facts'. The petitioner claimed regularization of the suspension period so also payment of the balance amount due as salary and allowances, as early as on 27.10.2009.

W.P.(C) No. 18476/2009 -23.

The Standing Counsel for the University had submitted before this Court that already orders have been issued sanctioning the arrears pursuant to Exts.P3 and P4 and steps are being taken to disburse the amounts. Though, it was also submitted that statement is filed, no statement is seen in the records.

4.

When the matter was taken up today, neither the counsel for the petitioner nor the Standing Counsel for the University appeared. In such circumstance, in all probability, the arrears would have been paid. If not paid till now, definitely, the petitioner could challenge such action/omission; contrary to the submission made before this Court in the above writ petition.

The writ petition stands closed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj