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High Court of KeralaWP(C)/32462/2009disposed of

Shiji Thomas And Others v. The University Of Calicut And Others

2015-03-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 32462 of 2009 (C) ---------------------------- PETITIONER(S):

------------- 1.

SHIJI THOMAS, LECTURER, DEPARTMENT OF MICROBIOLOGY, EMEA COLLEGE OF ARTS & SCIENCE, KONDOTTI P.O., MALAPPURAM DISTRICT.

2.

JISHA P.J., LECTURER, DEPARTMENT OF MICROBIOLOGY, EMEA COLLEGE OF ARTS & SCIENCE KONDOTTI P.O., MALAPPURAM DISTRICT.

3. THE MANAGER, EMEA COLLEGE OF ARTS & SCIENCE, KONDOTTI P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.BABU VARGHESE.

RESPONDENT(S):

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

1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.

2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.G.JUNCTION, THIRUVANANTHAPURAM.

4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CALICUT.

R1 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. R1 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY & BY SENIOR GOVERNMENT PLEADER SMT. SUNITHA VINOD K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 32462 of 2009 (C) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT-P1:

TRUE COPY OF THE RELEVANT PORTION OF THE GO(MS) NO.162/99H.EDN. DATED 06/12/2009.

EXHIBIT-P2:

TRUE COPY OF THE STATEMENT FOR REASSESSMENT OF WORKLOAD DATED 16/10/2003 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P3:

TRUE COPY OF THE JUDGMENT DATED 01/06/2005 IN WP(C) NO.16482/2005.

EXHIBIT-P4:

TRUE COPY OF THE MINUTES OF THE STATUTORY SELECTION COMMITTEE HELD ON 20TH AUGUST 2005.

EXHIBIT-P5:

TRUE COPY OF THE APPOINTMENT ORDER DATED 27/08/2005 ISSUED BY THE MANAGER IN FAVOUR OF 1ST PETITIONER. EXHIBIT-P5(A): TRUE COPY OF THE APPOINTMENT ORDERSA DATED 27/08/2005 ISSUED BY THE MANAGER IN FAVOUR OF 2ND PETITIONER.

EXHIBIT-P6:

TRUE COPY OF THE PROPOSAL DATED 25/10/2005.

EXHIBIT-P6(A): TRUE COPY OF THE UNIVERSITY LETTER DATED 09/12/2005.

EXHIBIT-P7:

TRUE COPY OF THE GO(RT) NO.365/2004/H.EDN. DATED 16/03/2004.

RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.32462 of 2009 ***************************************************** Dated this the 12th day of March, 2015

JUDGMENT

In the light of the University Order dated 14.5.2010 granting provisional approval to the petitioners and also taking note of the sanctioning of the process by the Government, by virtue of the judgment of the Hon'ble Supreme Court in Civil Appeal No.8459/2010 and connected cases, the petitioners are entitled for salary and allowances with effect from the date of approval given by the University. Needful shall be done to disburse the salary and allowances to the petitioners within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln