IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 11411 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- 1. G. RADHAKRISHNAN NAIR, ASSISTANT, AUDIT III FINANCE, KERALA UNIVERSITY OFFICE, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034, RESIDING AT KRISHNA ERAYAMCODE, CHERIYAKONNI. P.O., THIRUVANANTHAPURAM-695 013. 2. P. SASEENDRAN, ASSISTANT, OBSERVATORY, OBSERVATORY HILLS, KERALA UNIVERSITY, THIRUVANANTHAPURAM-695 033, RESIDING AT LATHA BHVAN, TC 48/715 (4) KSHETRIYANVILA AMBALATHURA, POONTHURA. P.O., THIRUVANANTHAPURAM-695 026. 3. P. SREEMATHY, ASSISTANT, C.E. THAPAL, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034. RESIDING AT SANTHY BHAVAN, SUBRAMANYA NAGAR, MANVILA, KULATHUR. P.O., THIRUVANANTHAPURAM. 4. RASHINA BEEVI. A., ASSISTANT C.E. THAPAL, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034. RESIDING AT PARAKULATHUMELE PUTHENVEEDU, EDICHAKKA PLAMOODU, PARASSALA. P.O.,THIRUVANANTHAPURAM. 5. J. PONNAMA, ASSISTANT, ADMINISTRATIVE UNIT, KERALA UNIVERSITY, KARIYAVATTOM CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 034. QUARTERS NO.E.2, UNIVERSITY CAMPUS, KARIYAVATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MANOJKUMAR RESPONDENT(S): ------------------------ 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. 2. THE VICE-CHANCELLOR, KERALA UNIVERSITY,UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. WP(C).No. 11411 of 2010(B) 3. THE REGISTRAR, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. 4. J. ANIL KUMAR, ASSISTANT, CASH R. 1 (A) SECTION, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034. 5. R. JALAJAKUMARI, ASSISTNAT, E.E.V. SECTION, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034. 6. MAYA K.NAIR, ASSISTANT INSTITUTE OF DISTANCE EDUCATION, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM- 695 034. 7. R. BELRAJ, ASSISTANT, QUESTION PAPER ROOM, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM- 695 034. 8. GOPALAKRISHNA PILLAI, ASSISTANT, EXAMINATION GENERAL DESPATCH, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034. 9. GOPALAKRISHNAN CHETTIYAR, ASSISTANT, AUDIT IV, ADMINISTRATION UNIT, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, KARIYAVATTOM, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 11411 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION NO.ACAD L./9645/ORD/2005 DATED 25/11/2005 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P2: COPY OF THE ORDER NO.AD.AI.3/305/2005 DATED 09/01/2006 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P3: COPY OF THE ORDER NO.AD.C.11/10/07 DATED 13/02/2007 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P4: COPY OF THE ORDER NO.AD.A1.312556/06 DATED 01/04/2006 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P5: COPY OF THE ORDER G.O.(P) NO.309/84/GAD DATED 31/08/1984 ISSUED BY THE GOVERNMENT. EXT.P6: COPY OF THE ORDER NO.AD.A.III(1)635/84 DATED 17/12/1984 ISSUED BY THE UNIVERSITY OPF KERALA. EXT.P7: COPY OF THE ORDER NO.AD.AI.3.207/07/2 DATED 18/12/2007 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P8: COPY OF THE ORDER NO.AD.A1.3/6301/08 DATED 25/09/2008 ISSUED BY THE UNIVERSITY OF KERALA, TVM. EXT.P9: COPY OF THE REPRESENTATION DATED 24/12/2007 SUBMITTED BY THE PETITIONERS TO THE REGISTRAR, UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P10: COPY OF THE ORDER NO.AD.A.1.3.140/08 DATED 14/07/2008 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P11: COPY OF THE REPRESENTATION DATED 21/03/2009 SUBMITTED BY THE PETITIONERS TO THE VICE CHANCELLOR, UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P12: COPY OF THE REPRESENTATION DATED 01/01/2010 SUBMITTED BY THE PETITIONERS TO THE VICE CHANCELLOR, UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P13: COPY OF THE REPRESENTATION DATED 01/10/2011 SUBMITTED BY THE PETITIONERS TO THE HONOURABLE VICE CHANCELLOR, UNIVERSITY OF KERALA, TRIVANDRUM. RESPONDENT'S EXHIBITS:- EXT.R3(a): COPY OF THE RELEVANT PORTION OF THE REPORT OF THE ACCOUNTANT GENERAL. EXT.R3(b): COPY OF THE GOVERNMENT ORDER DATED 12/06/2006 EXTENDING THE BENEFIT OF2004 PAY REVISION TO UNIVERSITY EMPLOYEES. EXT.R3(c): COPY OF THE GOVERNMENT ORDER DATED 05/01/2008. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11411 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2011. JUDGMENT All the petitioners were employees of the first respondent University as Assistant Gr.II, who have already retired from service also. In the writ petition, the main prayer is for a direction to quash Exts.P7, P8 and P10 orders to the extent to which promotion is granted to the juniors of the petitioners as Senior Grade and Selection Grade Assistants. They are seeking for a further declaration that they are entitled to be considered for promotion with effect from the date on which respondents 4 to 9 were promoted to Senior Grade and Selection Grade. Lastly, they also seek for a direction to consider them for promotion to the Senior Scale and Selection Grade with effect from the date on which respondents 4 to 9 were promoted as Senior Grade and Selection Grade. 2. Along with I.A. No.17070/2011, the petitioners have produced Ext.P13, a representation addressed to the Vice Chancellor of the University. Learned counsel for the petitioners prayed that the Vice Chancellor may be directed to take a decision in the matter. Learned Standing Counsel for the University submitted that the Syndicate alone is wpc 114112010 2 the competent authority to take a decision in the matter. 3. In that view of the matter, there will be a direction to the Vice Chancellor to place Ext.P13 before the Syndicate for taking appropriate decision in accordance with law. It is made clear that I have not expressed anything on the merits of the claim raised by the petitioners. Such a decision will be taken within a period of two 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/