IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 21032 of 2007(D) ------------------------------------ PETITIONER: ------------------- DR.T.METTLEDA, PAYAS COTTAGE, MOONNAMMOODU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-13. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ----------------------- 1. THE KERALA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM. 3. THE HONORARY DIRECTOR, CENTRE FOR WOMEN'S STUDIES, UNIVERSITY OF KERALA, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM. 4. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS CHAIRMAN, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. 5. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 & 2 SRI.S.KRISHNAMOORTHY FOR R4 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R4 R5 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21032 OF 2007-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE GUIDELINES ISSUED BY THE UGC FOR THE DEVELOPMENT OF WOMEN'S STUDY PROGRAMME EXT.P2 TRUE COPY OF ORDER NO.P1.C2.784/86 DATED 27.9.06 ISSUED BY THE UNIVERSITY OF KERALA EXT.P3 TRUE COPY OF THE NOTIFICATION NO.P1.C2.784/06 DATED 6.8.1988 ISSUED BY THE DIRECTOR, COLLEGE DEVELOPMENT COUNCIL EXT.P4 TRUE COPY OF ORDER NO.AD.A.11-2-2150/89 DATED 15.9.90 OF THE 1ST RESPONDENT EXT.P5 TRUE COPY OF THE LETTER DATED 5.10.1990 WRITTEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P6 TRUE COPY OF ORDER NO.P1.F1/784/86(PLANNING SECTION) DATED 20.4.93 OF THE 3RD RESPONDENT EXT.P7 TRUE COPY OF ORDER NO.F1.2/93(SA) DATED 17.6.94 ISSUED BY THE UGC EXT.P8 TRUE COPY OF THE ORDER NO.P1.F1.784/86 DATED 5.6.1999 OF THE 3RD RESPONDENT EXT.P9 TRUE COPY OF ORDER NO.F4-2/97(SA-1) DATED 6.7.98 OF THE UGC EXT.P10 TRUE COPY OF THE LETTER DATED 28.3.2000 WRITTEN BY THE PETITIONER TO THE 1ST RESPONDENTS EXT.P11 TRUE COPY OF THE APPLICATION DATED 9.2.2004 SUBMITTED BY THE PETITIONER EXT.P12 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY SRI.PADMAVATHI MAHILA VIDYALAYAM, TIRUPATI EXT.P13 TRUE COPOY OF THE CERTIFICATE DATED 27.11.2004 ISSUED BY THE INSTITUTE OF MANAGEMENT IN GOVERNMENT EXT.P14 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIRECTOR, SCHOOL OF DISTANCE EDUCATION, UNIVERSITY OF CALICUT EXT.P15 TRUE COPY OF HE REPRESENTATION DATED 28.11.2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P16 TRUE COPY OF THE LETTER NO.P1.F2/6417/06 DATED 4.1.2007 OF THE DIRECTOR, PLANNING AND DEVELOPMENT, UNIVERSITY OF KERALA EXT.P17 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.1659/2007 EXT.P18 TRUE COPY OF THE ORDER DATED 11.4.2007 ISSUED BY THE VICE CHANCELLOR OF THE UNIVERSITY OF KERALA EXT.P19 TRUE COPY OF ORDER NO.AD.AII/2/07 DATED 18.4.2007 ISSUED BY THE DEPUTY REGISTRAR ON BHALF OF REGISTRAR, UNIVERSITY OF KERALA W.P.(C) NO.21032/2007 - 2 - EXT.P20 TRUE COPY OF THE REPRESENTDATION DATED 5.2.2007 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY RESPONDENTS' EXHIBITS: EXT.R1(A) TRUE COPY OF RULES FOR RESEARCH ASSOCIATESHIP EXT.R1(B) TRUE COPY OF U.O.NO.AD.A.II.2.2150/89 DATED 22.10.90 EXT.R1(C) TRUE COPY OF UGC LETTER DATED 26.7.2000 / TRUE COPY/ HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.21032 of 2007-D ------------------------------------------ Dated, this the 19th day of February, 2009 JUDGMENT The petitioner was appointed as Research Associate on a total emolument of Rs.1400/- per month in the Centre for Women Studies, University of Kerala under the University Grants Commission assistance for Women's Studies Research Centre. Ext.P4 is the order of appointment. The appointment is purely on temporary basis. Petitioner submitted that subsequently the pay and other emoluments were revised from time to time as per Exts.P6, P7 and P9. The service of the petitioner was terminated on the basis of the decision of the Syndicate dated 25.01.2007. The petitioner submitted Ext.P10 representation to the first respondent requesting for disbursement of the revised pay and other allowances which is inclusive of H.R.A. permissible as per Ext.P6 order with effect from 1.4.1998. Petitioner also filed Ext.P11 representation requesting to permit her to join the post of Research Officer. Ext.P15 is also another representation submitted by the petitioner. 2. Ext.P18 is the order passed by the Vice Chancellor on the revision and Ext.P19 is the order issued by W.P.(C) No.21032 of 2007 2 the Registrar terminating the service of the petitioner. Exts.P18 and P19 are under challenge in this writ petition. 3. The Vice Chancellor considered the request of the petitioner and issued the following decisions: 1. Dr.T.Mettleda's (Research Associate, Centre or Women's studies) request be agreed to by paying her due emoluments upto 25.01.2007, which is the date from which she has to be terminated as decided by the Syndicate. 2. Her request for permanency and promotion be rejected as the University has not decided to create the post of Research Associate and her appointment was purely on temporary basis. 3. To implement the Syndicate decision (Item No.30) dated 25.01.2007 to terminate her service as there is no UGC grant to continue the post and the University has not decided to create the post.” The only relief granted in Ext.P18 is that the request of the petitioner to disburse her pay and other emoluments upto 25.01.2007, i.e. the date on which she has to be terminated, as decided by the Syndicate is granted. By Ext.P19 the University terminated the service of the petitioner after W.P.(C) No.21032 of 2007 3 following the procedures. The University decided to implement the decision of the Syndicate to terminate the service of the petitioner as Research Associate, Centre for Women Studies as there is no UGC grant to continue the post and the University has not decided to create the post. In view of the decision taken by the Syndicate, after examining the nature of the right claimed by the petitioner, the Vice Chancellor of the University passed a detailed order finding that the petitioner has no right to continue in service, nor to get the promotion as requested. In the light of Ext.P18 order the only relief to which the petitioner is entitled is for disbursement of the emoluments due to her, if any, for the period she has worked as Research Associate. The emoluments admissible to her as per rules shall be disbursed within a period of three months from today. Writ petition is disposed of as above. HARUN-UL-RASHID, JUDGE vns