IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 13428 of 2011(C) -------------------------- PETITIONER(S): --------------- PROF. HEMA.A.V, W/O. MR. JENSON FRANCIS, VALIYAPARAMBIL HUSE, CHATHADOM, THURUTHIPURAM.P.O, VIA KOTTAPPURAM, ERNAKULAM DISTRICT, PIN - 680667. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- DIRECTOR, CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, IST FLOOR, CO- BANK TOWERS, VIKAS BHAVA.P.O, THIRUVANANTHAPURAM - 695 033. ADV. SRI.THOMAS ABRAHAM,SC,CO.OP ACADEMY-PRO FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13428/2011 APPENDIX PETITIONER'SEXHIBITS EXHIBIT P1 : TRUE COPY OF THE NOTIFICATION NO. 2284/E2/2010/CAPE DATED 18.09.2010. EXHIBIT P2 : TRUE PHOTOSTAT COPY OF DEGREE CERTIFICATE (M.Sc. NURSING) ISSUED BY THE UNIVERSITY OF KERALA. EXHIBIT P3 : TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF NATIONAL EDUCATIONAL TEST ELIGIBILITY OF LECTURESHIP BY U G C. EXHIBIT P4 : TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY M.G. UNIVERSITY DATED 27.10.2010. EXHIBIT P5 : TRUE COPY OF ORDER NO. U O 1692/SFI/2009 ADMN DATED 20.04.2009 BY M.G. UNIVERSITY. EXHIBIT P6 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 29.09.2010. EXHIBIT P7 : TRUE COPY OF THE MEMO DATED 12.10.2010 BY THE RESPONDENT. EXHIBIT P8 : TRUE PHOTOSTAT COPY OF THE LETTER DATED 06.01.2011 BY THE PETITIONER TO THE RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE JUDGMENT IN WP(C) NO. 4912/2011 DATED 11.03.2011 OF THE HIGH COURT. EXHIBIT P10 : TRUE COPY OF THE REPLY DATED 11.04.2011 ISSUED BY THE SPL. OFFICER (R & D) OF THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION BEARING NO. 1376/G/2011/CAPE/1332. EXHIBIT P11 : TRUE PHOTOSTAT COPY OF THE PROCEEDINGS NO. E2/2284/2010/CAPE/3439 DATED, THIRUVANANTHAPURAM, 26.09.2011. EXHIBIT P12 : TRUE PHOTOSTAT COPYO OF THE JOINING REPORT DATED 07.10.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE. dnc T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13428 of 2011-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2011. JUDGMENT The petitioner has filed this writ petition seeking for various reliefs including issuance of a writ of certiorari for quashing Ext.P10 communication. 2. By Ext.P10 reply given by the respondents, the petitioner was informed that the total emoluments for a new entrant in the post of Professor in the College of Nursing, Kochi will be only Rs.64,370/- and they cannot agree with the demand of the petitioner for salary in the higher scale. 3. While admitting the writ petition, this Court passed an interim order dated 17.5.2011 to the effect that “the post of Professor in the College of Nursing attached to the Co-operative Medical College, Kochi shall not be filled up on regular basis for a period of three weeks” and the interim order has been extended from time to time. 4. During the pendency of the writ petition, by Ext.P11 proceedings the petitioner has been appointed as Professor in the scale of pay of Rs.37400 - 67000. The same is ordered subject to the final decision of this Court in the present writ petition. wpc 13428/2011 2 5. Learned counsel for the petitioner prayed that a direction may be issued to the respondents to appoint the petitioner on a regular basis as Professor, in the light of Ext.P11 proceedings. 6. Heard learned Standing Counsel for the respondents. 7. Evidently, the word 'provisional' has been used in Ext.P11 in the light of the interim order passed by this Court restraining the respondents from filling up of the post on a regular basis. Now that the petitioner has been appointed as per Ext.P11, that too also on the scale of pay of Rs.37400 - 67000, the petitioner has no other grievance in the matter. 8. In that view of the matter and in view of the fact that the petitioner has already accepted the appointment and joined the post of Professor, there will be a direction to the Executive Committee of the respondents to pass appropriate orders with regard to regular appointment of the petitioner. Learned counsel for the petitioner submitted that the other conditions in Ext.P11 are agreeable to the petitioner. Orders as above, will be passed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/