IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 11338 of 2004(Y) -------------------------------------- PETITIONER: ------------------- BINDU G.NAIR, LECTURER IN DEPARTMENT OF PHYSICS, SREE SANKARA COLLEGE, KALADY, ERNAKULAM DISTRICT, (NOW WORKING AS H.S.S.T. IN PHYSICS, GOVERNMENT HIGHER SECONDARY SCHOOL, CHENGAMANADU ON DEPLOYMENT). BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 3. THE MANAGING DIRECTOR, SREE SANKARA COLLEGE, KALADY. 4. THE PRINCIPAL, SREE SANKARA COLLEGE, KALADY. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. GOVT. PLEADER SRI. MUHAMMED ANZAR FOR R1 & R5, ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2, ADV. SRI.K.ANAND FOR R3, ADV. SMT.LATHA KRISHNAN FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11338/2004-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY THE R.3. DTD. 03/06/96. EXT.P.2: COPY OF THE ORDER G.O. (MS).NO.171/97/H. EDN. DTD. 08/12/97. EXT.P.3: COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM DTD. 19/03/98. EXT.P.4: COPY OF THE STATEMENT OF WORKLOAD PREPARED BY THE R.4. AS ON 15/01/2002 DTD. 28/01/2002. EXT.P.5: COPY OF THE STATEMENT OF STAFF RETURN SUBMITTED BY THE R.4. TO THE M.G. UNIVERSITY DT. 28/01/02. EXT.P.6: COPY OF THE ORDER ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION DTD. 09/04/2003. EXT.P.7: COPY OF THE STATEMENT OF STAFF RETURN PREPARED BY THE R.4. AS ON 15/07/2003 DT. 20/01/2004. EXT.P.8: COPY OF THE ORDER G.O. (MS).NO.114/2002/H. EDN. DTD. 05/09/02. EXT.P.9: COPY OF THE ORDER IN C.M.P. NO. 57691/2002 IN O.P. NO. 34128/2001 DT. 17/01/2003. EXT.P.10: COPY OF THE ORDER ISSUED BY THE VICE CHANCELLOR, M.G. UNIVERSITY DT. 09/01/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.11338 OF 2004 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T The issue essentially pertains to the grievance of the petitioner regarding her appointment under the 4th respondent. Learned standing counsel for the University submits that it is for the 5th respondent to take a decision in the matter and the action by the University will depend on the order passed by the 5th respondent. Therefore, this writ petition is disposed of as follows: In the event of the petitioner approaching the 5th respondent within a period of two months from today, the matter will be duly considered by the 5th respondent and appropriate orders in accordance with law in the matter will be passed, with notice to the petitioner and the Manager, within another four months. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 11338 OF 2004 J U D G M E N T 29.09.2008