IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 1805 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.11330/1999 Dated 08/04/2005 .................... APPELLANT/ PETITIONER: ------------------------- DR. PRASAD P.N., CHITHRALAYAM, ANCHAL P.O., KOLLAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS/ RESPONDENTS: --------------------------- 1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM. 2. THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY P.O., ERNAKULAM DISTRICT. 3. THE TEACHING STAFF SELECTION COMMITTEE, SREE SANKARACHARYA UNIVERSITY, KALADY P.O., REPRESENTED BY ITS VICE CHANCELLOR. 4. VIJAYAN K.K., LECTURER IN SANSKRIT (GENERAL), SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY P.O., ERNAKULAM DISTRICT. ADV. SRI.V.SANKARA RAJA FOR R4 SRI.B.S.KRISHNAN, SENIOR ADVOCATE FOR R1 TO R3 SRI.K.ANAND, SC, SANSKRIT UTY. FOR R1 TO R3 SMT.LATHA KRISHNAN,SC,SANSKRIT UTY. FOR R1 TO R3 SRI.M.A.SUNILKUMAR FOR R4 SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ------------------------------- W.A.No.1805 OF 2005 -------------------------------- Dated this the 25th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner was appointed as a Lecturer in Sanskrit on 29.11.1994 in the Sree Sankaracharya University of Sanskrit, Kalady, by its first Vice Chancellor. The said selection, along with other selections, made by the Vice Chancellor were set aside by the Division Bench of this Court by the decision reported in Sree Sankaracharya University of Sanskrit v. State [1996(2)KLT 378]. Pursuant to the said decision, the petitioner's appointment was cancelled on 16.1.1997 and he was allowed to continue as a temporary hand till fresh selections were made in accordance with law. As a result, he continued in service as Guest Lecturer from 3.3.1997 to 15.5.1997 and thereafter Lecturer on contract basis from 16.6.1997 to 31.5.2000. While so, the petitioner got appointment in the Catholicate College, Pathanamthitta. Still, later, he was appointed in the Collegiate Education Service as Lecturer on the advice of the P.S.C. Now, he is working in the Government College, Kariavattom. W.A.No.1805/2005 2 2. The petitioner approached this Court, mainly, challenging the regular selection of the 4th respondent made by the 1st respondent University in 1999. The 4th respondent, who was over aged, was granted age relaxation. If that was not done, the petitioner would have got appointment then. But, the learned Single Judge did not interfere with the selection, though it was found that the grant of relaxation of age limit was not proper. Soon after the judgment of the learned Single Judge, the 4th respondent met with an accident and he succumbed to his injuries. In view of the present posting of the petitioner in a Government College, he is not keen about pursuing the reliefs sought in the writ petition. But, he has got an apprehension that his past service in the University may not be reckoned for pensionary benefits. We notice that this is a fresh cause of action, which was not the subject matter of the writ petition. Therefore, he may move the competent authority of the University/Government for appropriate reliefs in this regard. Without prejudice to the contentions of the petitioner in this regard and his right to pursue the above claim, this writ appeal is closed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps