Over 2 lakh Indian cases. Search powered by Google!

Case Details

MRS. ROSE PHILIO K.J. versus DEPARTMENT OF COLLEGIATE EDUCATION

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


MRS. ROSE PHILIO K.J. v. DEPARTMENT OF COLLEGIATE EDUCATION - WP(C) No. 27834 of 2006(L) [2007] RD-KL 3295 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27834 of 2006(L)

1. MRS. ROSE PHILIO K.J.,
... Petitioner

Vs

1. DEPARTMENT OF COLLEGIATE EDUCATION,
... Respondent

2. PRINCIPAL,

3. MAHATMA GANDHI UNIVERSITY,

4. GOVT. OF KERALA, REP. BY SECRETARY,

For Petitioner :SRI.M.C.CHERIAN

For Respondent :SMT.A.K.RANI

The Hon'ble MR. Justice K.M.JOSEPH

Dated :14/02/2007

O R D E R

K.M.JOSEPH, J.

W.P.(C).NOs. 27834, 29368, 29521, 29535, 29926, 32163, 33805 OF 2006

Dated this the 14th day of February, 2007



JUDGMENT

In all these cases, petitioners were granted approval to their appointment. In these cases, the question to be considered is whether the broken period of service rendered by the petitioners has to be reckoned for the purpose of placing the petitioners in senior scale and selection grade. The University has approved the placing of the petitioners in senior scale and in selection grade taking into consideration the broken periods of service. However, petitioners are not given the benefits by the Deputy Director.

2. Learned counsel for the petitioner relies on the Division Bench judgment of this court in Ext.P16 judgment. But learned Government Pleader submits that actually it is distinguishable on facts. No doubt, learned counsel for the University would reiterate the stand by them. Learned Government Pleader seeks time to file WPC No.27834/06 & connected cases 2 the counter affidavit.

3. I would think that once approval is granted by the University, it is for the Deputy Director to take up the matter with the University and the decision in Cherian Mathew's case should apply if after a decision is taken, University reiterates its earlier stand.

3. In such circumstances, the writ petition will stand disposed of as follows: The Deputy Director will place his objections to the approval in Senior Scale and Selection Grade which is objected to by him within a period of one month from the date of receipt of a copy of this judgment before the University. Thereupon, the University will meticulously consider each and every objections of the Deputy Director and pass a reasoned order which shall be communicated to the petitioners and also the Deputy Director. University will take a decision in the matter within one month from the date of receipt of the objection. If the University reiterates its stand, then the WPC No.27834/06 & connected cases 3 decision of the Division Bench in Cherian Mathew's case will govern the field and monetary benefits due to the petitioners as Senior Scale / Selection Grade as approved shall be disbursed to the petitioners without any delay. Writ petitions are disposed of as above. K.M.JOSEPH

JUDGE

sv. WPC No.27834/06 & connected cases 4


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.