JOBOY MATHEW v. STATE OF KERALA AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** ## **WEDNESDAY, THE 20TH DAY OF AUGUST 2014/ 29TH SRAVANA, 1936** ## **WP(C).No. 27992 of 2012 (Y)** **----------------------------** ## **PETITIONERS:** **--------------------------** **JOBOY MATHEW, S/O P.V. MATHEW, LECTURER SENIOR SCALE, DEPARTMENT OF CHEMISTRY, ST. ALOSYIOUS COLLEGE, EDATHUA, ALAPPUZHA DISTRICT, RESIDING AT PALAPARAMBIL, ANAPARAMBAL SOUTH P.O., THALAVADY VILLAGE, ALAPPUZHA.** ## **BY ADV. SRI.B.MOHANLAL** **RESPONDENTS:** **----------------------------** ## **1. STATE OF KERALA,** - **REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.** ## **2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.** **3. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA P.O., KOTTAYAM.** ***ADDL.R4 & R5 IMPLEADED:** - **R4. THE PRINCIPAL ST.ALOSIYOUS COLLEGE, EDATHUA, EDATHUA.P.O. ALAPPUZHA DISTRICT, PIN -689 573.** - **R5. THE MANAGER, ST.ALOSIYOUS COLLEGE, EDATHUA, EDATHUA.P.O., ALAPPUZHA DISTRICT, PIN -689 573.** **(*ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DATED 20/02/2013 IN IA NO.2760/2013).** **R1&R2 BY GOVERNMENT PLEADER SRI.P.V.ELIAS R3 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Kss** ## **WPC.NO.27992/2012 (Y)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1: THE TRUE COPY OF THE APPROVAL ORDER NO.F.11.2/3521/83 DATED 12.8.1983 ISSUED BY THE REGISTRAR, KERALA UNIVERSITY TO THE PETITIONER.** **EXHIBIT P2: THE TRUE COPY OF THE ORDER UC.NO:166/B1/ACAD./84 DATED 30.8.1986 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P3: THE TRUE COPY OF THE ORDER U.O.NO.342/B1-3/ACAD./88 DATED 1.6.1989 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P4: THE TRUE COPY OF THE ORDER NO.UC.166/B1/ACAD.84 DATED 27.1.1988 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P5: THE TRUE COPY OF THE ORDER NO:UC.341/B1-3/ACAD./88 DATED 30.12.1988 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P6: THE TRUE COPY OF THE ORDER NO.UC.341/B1-3/ACAD./88 DATED 21.7.1989 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P7: THE TRUE COPY OF THE G.O.(MS)N:76/90/H.EDN. DATED 23.3.1990 ISSUED BY THE GOVERNMENT.** **EXHIBIT P8: THE TRUE COPY OF THE CIRCULAR NO:UGC CELL-1(i) 32674/90/COLL.EDN. DATED 18.1.1992 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION.** **EXHIBIT P9: THE TRUE COPY OF THE G.O.(MS)NO.209/96/H.EDN.DATED 24.12.1996 ISSUED BY THE GOVERNMENT.** **EXHIBIT P10: THE TRUE COPY OF THE ORDER NO.1331/AC.BV/1/173/2581/2011 DATED 23.3.2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P11: THE TRUE COPY OF THE ORDER NO.F2-3/2000/PS DATED 9.10.2003 ISSUED BY THE UNIVERSITY GRANTS COMMISSION.** **EXHIBIT P12: THE TRUE COPY OF THE G.O.(P)NO.59/2004/H.EDN. DATED 7.6.2004 ISSUED BY THE IST RESPONDENT.** **EXHIBIT P13: THE TRUE COPY OF ORDER NO:AC.BV/173/2581/2011 DATED 5.10.2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** **EXHIBIT P14: THE TRUE COPY OF THE G.O.(RT)NO:1498/12/H.EDN. DATED 20.7.2012 ISSUED BY THE GOVERNMENT.** **EXHIBIT P15: THE TRUE COPY OF THE JUDGMENT DATED 18.8.2011 IN WP(C) NO.25672/2009 OF THIS HON'BLE COURT.** **..2/-** **Kss** **..2....** ## **WPC.NO.27992/2012(Y)** **EXHIBIT P16: THE TRUE COPY OF THE COMMUNICATION NO.E2-406/2011 DATED 11/01/2011 ISSUED BY THE PRINCIPAL, ST.ALOSIYOUS COLLEGE, EDATHUA TO THE 2ND RESPONDENT.** **EXHIBIT P17: THE TRUE COPY OF THE ORDER NO.F2-615/2011 DATED 23/02/2011 ISSUED BY THE 2ND RESPONDENT TO THE PRINCIPAL, ST.ALOSIYOUS COLLEGE, EDATHUA.** **EXHIBIT P18: THE TRUE COPY OF THE COMMUNICATION NO.2/2902/11 DATED 01/05/2012 ISSUED BY THE 2ND RESPONDENT TO THE PRINCIPAL, ST.ALOSIYOUS COLLEGE, EDATHUA.** **EXHIBIT P19: THE TRUE COPY OF THE COMMUNICATION NO.F-2/2902/12 DATED 27/07/2012 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.** **RESPONDENTS' EXHIBIT:** **EXHIBIT R2(A): TRUE COPY OF THE LETTER OF THE PETITIONER DATED 22/03/1996.** **/TRUE COPY/** **P.A.TO JUDGE** **Kss** ## **A.V. RAMAKRISHNA PILLAI, J. -------------------------------------------------W.P.(C) No. 27992 of 2012 -------------------------------------------------Dated this the 20[th] day of August, 2014** ## **J U D G M E N T** Challenging Ext.P13, by which the respondents have taken steps to review Ext.P10, the petitioner has come up before this Court. 2. The petitioner alleges that he was duly qualified to be appointed to the post of Junior Lecturer in St.Alosyious College, Edathua from 17.01.1983 onwards; and thereafter, he was promoted to the post of Lecturer with effect from 23.10.1985 as per Ext.P3. He further alleges that his appointment was approved by the Kerala University and later, by M.G. University as per Exts.P1 to P6; and the petitioner is continuing in the college without any interruption. The Government, by Ext.P9 order, ordered that the teachers appointed on temporary vacancies prior to 13.03.1990, who have been regularized against the permanent posts thereafter, can be considered for UGC benefits. The petitioner is having requisite W.P.(C) No. 27992 of 2012 **==> picture [20 x 8] intentionally omitted <==** qualification as provided under the UGC norms and Government Orders. He further alleges that he was promoted by the respondents to the post of Lecturer Senior Scale with effect from 06.05.1993 as per Ext.P10; and therefore, he is entitled to get promotion to the post of Lecturer, Senior Scale, Section Grade and Associate Professor with effect from 06.05.1993, 06.05.1996 and 06.05.1997 respectively as per the stipulations in Exts.P7, P8, P9, P10 and P11 orders. His grievance is that the respondents without considering his entitlement for getting promotions to the aforesaid posts, issued Ext.P13 directing the Principal to submit revised proposal of the petitioner without issuing any notice or giving an opportunity of being heard the petitioner. It is with this background, the petitioner has come up before this Court. 3. The Government has filed a counter affidavit and the M.G. University has filed a statement. 4. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned Senior Standing Counsel for the respondent W.P.(C) No. 27992 of 2012 ..3.. University. 5. The learned counsel for the petitioner invited my attention to Exts.P16 to P19 also, which he produced along with IA No.1603/2013, at the time of hearing. Ext.P16 is the true copy of the communication issued by the Principal of St.Alosyious College, Edathua to the 2[nd] respondent to approve the fixation of the salary of the petitioner in UGC scale with effect from 06.05.1993. Based on Ext.P16, the 2[nd] respondent issued Ext.P17 order directing to obtain the approval of the University for placement of UGC scale. Accordingly, the Principal again submitted the proposal of the petitioner and the 3[rd] respondent passed Ext.P10 order approving the placement of the petitioner to the post of Lecturer, Senior Scale with effect from 06.05.1993. Thereafter, the Principal forwarded Ext.P10 order to the 2[nd] respondent; and the 2[nd] respondent issued Ext.P18 communication directing the Principal to submit proposal for State Scale Fixation. Again, the Principal forwarded a communication to the 2[nd] respondent with a request to approve Ext.P10 W.P.(C) No. 27992 of 2012 ..4.. order and to disburse salary to the petitioner; and the 2[nd] respondent, as per Ext.P19 communication, directed to revise the promotion of the petitioner to the post of Lecturer Senior Scale. The petitioner alleges that in view of Exts.P17 to P19, the 2[nd] respondent had not admitted the salary pursuant to Ext.P10 and he is not getting salary to the post of Lecturer, Senior Scale with effect from 06.05.1993. 6. At present, the point raised by the 2[nd] respondent through Ext.P19 is now pending before the 3[rd] respondent. The learned counsel for the petitioner invited my attention to a series of decisions starting from a decision of this Court in **Cherian Mathew** v. **Principal, S.B. College, Changanassery** [1998 (2) KLT 144], which make it clear that in case the Director of Collegiate Education doubts the propriety of the appointment of a teacher in the sense that the work load did not require the appointment of such a teacher, the issue will have to be taken up by him with the University. It was also observed that the University then has to re-examine the W.P.(C) No. 27992 of 2012 **==> picture [20 x 8] intentionally omitted <==** entire issue and to take a decision on the issue as to whether the appointment was proper or not. When the University takes a decision on this aspect, that decision will be binding on the Government. Viewed in that profile, it shall be open to the respondent University to consider the issue in the light of what has been stated above. Therefore, the writ petition is disposed of directing the 3[rd] respondent to take a decision in the matter after affording the petitioner an opportunity of being heard. It shall be open to the petitioner to ventilate all his grievances before the 3[rd] respondent University and to produce documents in support of his claims. This exercise shall be completed by the respondent University within a period of one month from the date of receipt of a copy of this judgment. ## Sd/- **A.V. RAMAKRISHNA PILLAI, JUDGE** bka/-