IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 OP.No. 23666 of 2002(P) ----------------------- PETITIONER: ------------ DEVI PRIYA V., LECTURER (SENIOR SCALE), S.N.COLLEGE, KOLLAM, RESIDING AT `SARASI' SREE MOOLAM ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,HIGHER EDUCATION DEPT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCTION, VIKHAS BHAVAN, THIRUVANANTHAPURAM. 3. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR,UNIVERSITY OF KERALA, TRIVANDRUM. 4. THE SREE NARAYANA TRUSTS, KOLLAM, REPRESENTED BY ITS SECRETARY, KOLLAM. 5. SRI.S.ANILKUMAR, LECTURER IN BOTANY, S.N.COLLEGE, KOLLAM. 6. SMT.T.S.SWAPNA, LECTURER IN BOTANY, S.N.COLLEGE, CHERTHALA. 7. DR.P.SSANTHOSHLAL, LECTURER IN BOTANY, S.N. COLLEGE, KOLLAM. 8. DR.C.SHAJI, LECTURER IN BOTANY, S.N.COLLEGE, KOLLAM. OP.23666/02 2 9. DR.S.SANISH, LECTURER IN BOTANY, S.N.COLLEGE, KOLLAM. 10. SMT.D.SHEELA, LECTURER IN BOTANY, S.N. COLLEGE, CHERTHALA. 11. SMT.B.S.SUMA, LECTURER IN BOTANY, S.N. COLLEGE, VARKALA. R1, R2 BY GOVT PLEADER SMT.SMITHA SUKUMAR R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. R4 BY SRI.A.N.RAJAN BABU R5, R8, R9, R11 BY SRI.M.BALAGOVINDAN SRI.P.M.JOSEPH SRI.SASITH.M.R R6, R10 BY SRI.N.SUGATHAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/07/2007, ALONG WITH OP NO.14996 OF 2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.40058 OF 2002 IN OP NO.23666 OF 2002 P //DISMISSED// 04.07.2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETIITONER'S EXHIBITS : EXT.P1: TRUE PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO.2/CAL/4373 DATED 27.1.1990 ISSUED BY THE MANAGEMENT. EXT.P2: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.GA II/A2/769/90 DATED 1.9.1990 ISSUED BY THE ASISTANT REGISTRAR (GAII) CALICUT UNIVERSITY. EXT.P3: THE TRUE PHOTOSTAT COPY OF THE PROCEEDINGS NO.2/CAL/4050 DATED 17.1.99 ISSUED BY THE MANAGEMENT SREE NARAYANA TRUST, KOLLAM. EXT.P4: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.GA/II/SPECIAL CELL I/1495/99 3.1.2000 ISSUED BY THE HJOINT REGISTRAR (G&A II) UNIVERSITY OF CALICUT. EXT.P5: THE TRUE PHOTOSTAT COPY OF THE PETITION DATED 24.9.2001 SUBMITTED BY THE PETITIONER BEFORE THE VICE CHANCELLOR, UNIVERSITY OF KERALA. EXT.P6: THE TRUE COPY OF THE SENIORITY LIST OF TEACHERS UNDER THE SREE NARAYANA TRUST AS ON 31.12.1997 AND ADDITIONS UP TO 31.7.1998. EXT.P7: THE TRUE PHOTOSTAT COPY OF THE APPEAL MEMORANDUM DATED 31.10.2001 SUBMITTED BY THE PETITIONER BEFORE THE VICE CHANCELLOR, UNIVERSITY OF KERALA. EXT.P8: THE TRUE PHOTOSTAT COPY OF the APPEAL PETITION DATED 20.11.2001 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER, SREE NARAYANA TRUSTS, KOLLAM. EXT.P9: THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(P) NO.66/90 H.EDN. DATED 13.3.1990 ISSUED BY THE GOVERNMENT. EXT.P10: THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.76/90 H.EDN. DATED 23.3.1990 ISSUED BY THE GOVERNMENT. EXT.P11: THE TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.79/90 DATED 27.3.1990 ISSUED BY THE GOVERNMENT. EXT.P12: THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS)NO. 30/96/H.EDN. DATED 12.2.1996 ISSUED BY THE GOVERNMENT. OP.23666/02 EXT.P13: THE TRUE PHOTOSTAT COPY OF THE NOTIFICATION APLICATIONS WERE INVITED AS LECTURERS FOR 15 CATEGORIES AND IT IS SPECIFICALLY STATED IN THE SAID NOTIFICAITON THAT THE QUALIFICATION FOR APPOINTMETN AGAINST SERIAL NO.15 (NATURAL SCIENCE) WILL BE AS PER THE UGC NORMS. EXT.P14: THE TRUE PHOTOSTAT COPY OF THE 6TH RESPONDENT APPOINTMENT ORDER NO.2/SNT/9498 DATED8.3.1997 ISSUED BY THE SREE NARAYANA TRUSTS, QUILON. EXT.P15: THE TRUE COPY OF THE 7TH RESPONDENT'S APPOINTMETN ORDER NO.S/SNT/1081 DATED 1.8.1997 ISSUED BY THE SREE NARAYANA TRUSTS,QUILON. EXT.P16: THE TRUE PHOTOSTAT COPY OF THE 8TH RESPONDENT'S APPOINTMENT ORDER NO.S/SNT/1082 DATED 1.8.1997 ISSUED BY THE SREE NARAYANA TRUSTS,QUILON. EXT.P17: THE TRUE PHOTOSTAT COPY OF THE 9TH RESPONDENT'S APPOINTMENT ORDER NO.S/SNT/1083 DATED 1.8.1997 ISSUED BY THE SREE NARAYANA TRUSTS,QUILON. EXT.P18: THE TRUE PHOTOSTAT COPY OF THE 10TH RESPONDENT'S APPOINTMENT ORDER NO.S/SNT/1084 DATED 1.8.1997 ISSUED BY THE SREE NARAYANA TRUSTS,QUILON. EXT.P19: THE TRUE PHOTOSTAT COPY OF THE 11TH RESPONDENT'S APPOINTMENT ORDER NO.S/SNT/1085 DATED 1.8.1997 ISSUED BY THE SREE NARAYANA TRUSTS,QUILON. EXT.P20: THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT CIRCULAR NO.11899/B1/97/H.EDN. DATED 24.4.1997 ISSUED BY THE 1ST RESPONDENT. EXT.P21: THE TRUE PHOTOSTAT COPY OF THE GOVERNMENT NOTIFICATION NO.9350/LEG.UNI.3/97/LAW DATED 3.6.1997 ISSUED BY THE GOVERNMENT. EXT.P22: THE TRUE PHOTOSTAT COPY OF THE REPORT NO.5(C)/2266 DATED 16.10.1998 ISSUED BY THE 4TH RESPONDENT TO THE MEMBER SECRETARY, EMPOWERED COMMITTEE. EXT.P23: THE TRUE PHOTOSTAT COPY OF THE LETTER NO.5/1870 DATED 27.9.1999 SUBMITTED BY THE 4TH RESPONDENT TO THE SECOND RESPONDENT. EXT.P24: THE TRUE PHOTOSTAT COPY OF THE LETTER NO.G1/932/98-99 DATED 28.8.1998 SUBMITTED BY THE4TH RESPONDENT TO THE 2ND REPSONDENT. EXT.P25: THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 26.2.1999 SUBMITTED BY THE4TH RESPONDENT TO THE 2ND REPSONDENT. OP.23666/02 EXT.P26: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.ACF.III.1.2732/97 DATED 29.8.1997 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P27: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.ACF.III.1.2732/97 DATED 28.5.1998 PASSED BY THE UNIVERSITY OF KERALA. EXT.P28: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.ACF.III.1.11276/98 DATED 28.7.2001 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P29: THE TRUE PHOTOSTAT COPY OF THE ORDER NO.ACF.III.1.2732/97 DATED 28.5.1998 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P30: THE TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: EXT.R6(a): TRUE COPY OF ORDER DATED 7.7.99 OF THE 4TH RESPONDENT. EXT.R6(b): TRUE COPY OF LETTER DATED 6.1.03 OF R3 TO R6. EXT.R6(c): TRUE COPY OF THE STATUTES ISSUED IN G.O.(MS)N0.197/88/H.EDN. DT.19.9.1998. EXT.R6(d): TRUE COPY OF G.O.(MS)NO.170/96/H.EDN. DATED 12.9.1996. EXT.R6(e): TRUE COPY OF G.O.(MS)NO.47/97/H.EDN. DATED 25.3.1997. EXT.R6(f): TRUE COPY OF ORDER DATED 8.3.1997 OF THE 4TH RESPONDENT. EXT.R6(g): TRUE COPY OF ORDER DATED 29.8.1997 OF THE UNIVERSITY OF KERALA EXT.R6(h): TRUE COPY OF ORDER DATED 1.8.1997 OF THE 4TH RESPONDENT. EXT.R6(i): TRUE COPY OF ORDER DATED 28.7.01 OF KERALA UNIVERSITY. EXT.R6(j): TRUE COPY OF THE JUDGMENT DT.18.11.2000 IN OP NO.17385/99. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.Nos.23666 & 14996 OF 2002 ------------------------------------------- Dated this the 4th day of July, 2007 JUDGMENT The petitioner in the earlier among the captioned matters is a teacher, whose appointment under the Corporate Management was initially in a college under the University of Calicut. She, thereafter, obtained a transfer to a college under the same Corporate Management, thereby coming within the University of Kerala. The issue raised between the petitioner in that case and the teacher respondents therein is as to whether the petitioner would get seniority over others or whether the seniority as reflected by the dates of appointments of the teacher respondents will let them have a seniority over the petitioner, though the petitioner initially entered in the college under the Calicut University in 1990. Another issue raised is as to whether the teacher respondents in O.P.No.23666/02 are teachers to be earmarked as Pre-degree teachers or as lecturers. OP.23666/02 & 14996/02 Page numbers 2. O.P.No.14996/02 is by one of the teacher respondents in O.P.No.23666/02. 3. Along with counter affidavit of the teacher respondents in O.P.No.23666/02, Ext.R6(b) is produced to show that the petitioner in that case moved the Vice Chancellor in the Kerala University and that by that order which is marked also as Ext.P30, the Vice Chancellor relegated the petitioner to seek redressal of grievances before the Management, because, it was essentially the Management which was to first decide on the dispute as to inter-se seniority among its servants. Ext.P8 filed by the petitioner in O.P.No.23666/02 before the Management is yet to gain the attention of the Management, though the petitioner, as of now, has put in 17 years of service and this writ petition is filed in the year 2002. 4. If the Management takes a final decision on Ext.P8, that shall be a statutory proceeding, about which, if aggrieved, other remedies are prescribed under the University Laws, providing OP.23666/02 & 14996/02 Page numbers recourse to the University Appellate Tribunal presided by a District Judge, and if needed, thereafter, to this Court under that piece of law. 5. In so far as disputed questions of facts are required to be resolved for rendering a decision on the question of inter-se seniority between the petitioner and the teacher respondents in O.P.No.23666/02 and having regard to the alternate statutory remedy available, to which the petitioner stood relegated as per Ext.P30 decision of the Vice Chancellor, I do not deem it appropriate for the Management to have kept the question alive without rendering a decision thereon. 6. In the aforesaid circumstances, without expressing anything on merits, these writ petitions are disposed of directing that the Management will take up the representation of the petitioner in O.P.No.23666/02 (Ext.P2 therein) and hear all parties who are entitled to be heard in relation to that petition, including the petitioner and the teacher respondents, and decide OP.23666/02 & 14996/02 Page numbers any dispute as to seniority. Let such decision be rendered within an outer limit of four months from the date of receipt of a copy of this judgment. These writ petitions are disposed with the above direction, leaving open all other questions. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb. OP.23666/02 & 14996/02 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NOS.23666 & 14996 OF 2002 JUDGMENT 4TH JULY, 2007. =======================