IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 31240 of 2007(R) ------------------------------------- PETITIONER(S): ----------------------- DR. P.K.ARAVINDAKSHAN, SENIOR GRADE LECTURER IN COMMERCE, GOVERNMENT COLLEGE MADAPALLY. BY ADV. MR.P.CHANDRASEKHAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT COLLEGE MADAPPALLY. 4. THE UNIVERSITY GRANT COMMISSION, REPRESENTED BY ITS SECRETARY, NEW DELHI. BY GOVERNMENT PLEADER MR.K.RAMESH FOR 1 TO 3 BY ADV. MR.S.KRISHNAMOORTHY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31240/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RULES FOR AWARD OF UGC TEACHERS FELLOW SHIP FOR VII PLAN. P2:- COPY OF THE ORDER DT. 21.1.91 IN CMP. 19839/90 IN OP. NO.10631/89 OF THIS HONOURABLE COURT. P3:- COPY OF THE ORDER DT. 12.4.91 OF THE 4TH RESPONDENT. P4:- COPY OF THE ORDER DT. 9.8.91 OF THE 4TH RESPONDENT. P5:- COPY OF THE GO(RT) NO.1644/92/H.EDN. DT. 3.11.92 OF THE IST RESPONDENT. P6:- COPY OF THE BOND DT. 9.11.92 EXECUTED BY THE PETITIONER AND THE IST RESPONDENT. P7:- COPY OF THE JUDGMENT DT. 27.7.94 IN OP. 10631/89 OF THIS HONOURABLE COURT. P8:- COPY OF THE GO(RT) NO.513/96/H.EDN. DT. 9.4.96 OF THE IST RESPONDENT. P8(a):- COPY OF THE SUPPLEMENTARY BOND EXECUTED BY THE PETITIONER IN FAVOUR OF IST RESPONDENT. P9:- COPY OF THE APPLICATION DT. 12.4.96 OF THE PETITIOENR TO THE IST RESPONDENT. P10:- COPY OF THE LETTER DT. 10.2.97 OF THE PETITIONER TO THE 2ND RESPONDENT. P11:- COPY OF THE PETITION OF THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR EDUCATION. P12:- COPY OF THE LETTER DT. 1.4.97 OF THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, HIGHER EDUCATION DEPARTMENT. P13:- COPY OF THE LETTER DT. 10.3.97 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P14:- COPY OF THE LETTER DT. 5.5.97 OF THE PETITIONER. P1:- COPY OF THE CERTIFICATE DT. 13.3.97 OF DR. K.NANJE GOWDA, PROFESSOR& RESEARC GUIDE, MYSORE UNIVERSITY. P16:- COPY OF THE LETTER DT. 31.3.92 OF THE REGISTRAR OF MYSORE UNIVERSITY TO CHAIRMAN, DEPARTMENT OF COMMERCE, MYSORE UNIVERSITY. W.P.(C) NO.31240/2007 P17:- COPY OF THE ORDER DT. 25.8.97 IN CMP. NO.24007/97 I OP 13388 /97 OF THIS HONOURABLE COURT. P18:- COPY OF THE JUDGMENT IN OP.13388/97 OF THIS HONOURABLE COURT. P19:- COPY OF THE LETTER DT. 22.10.93 OF 4TH RESPONDENT TO REGISTRAR, MYSORE UNIVERSITY. P20:- COPY OF THE LETTER DT. 30.3.06 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P21:- COPY OF THE LETTER DT. 18.5.89 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P22:- COPY OF THE NOTIFICATION DT. 24.4.01 OF REGISTRAR (EVALUATION), UNIVERSITY OF MYSORE. P23:- COPY OF THE PH.D DEGREE AWARDED TO THE PETITIONER BY MYSORE UNIVERSITY. P24:- COPY OF THE LIST CONTAINING THE RESEARCH PAPERS PUBLISHED BY THE PETITIONER. P25:- COPY OF THE APPOINTMENT LETTER 16.11.06 OF THE KERALA PUBLIC SERVICE COMMISSIONER. P26:- COPY OF THE PETITION DT. 25.5.05 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR EDUCATION. P27:- COPY OF THE LETTER DT. 18.2.06 OF THE 2ND RESPONDENT TO THE REGISTRAR OF MYSORE UNIVERSITY. P27(a):- COPY OF THE LETTER DT. 28.4.06 OF THE DIRECTOR, COLLEGE OF DEVELOPMENT STUDIES , MYSORE UNIVERSITY, TO THE 2ND RESPONDENT. P28:- COPY OF THE LETTER NO.15697/06/H.EDN. DT. 25.5.06 OF THE DEPUTY SECRETARY , GOVERNMENT OF KERALA. P29:- COPY OF THE LETTER DT. 14.6.01 OF DR. B.R.ANANTHAN, PROFESSOR & CHAIRMAN DEAN, FACULTY OF COMMERCE, UNIVERSITY OF MYSORE. P30:- COPY OF THE LETTER DT. 30.9.06 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. W.P.(C) NO.31240/2009 RESPONDENT'S EXHIBITS R1(a):- COPY OF THE FACT INFORMED TO THE PETITIONER THAT HE IS PERMITTED TO CONTINUE HIS RESEARCH WORK AS EXTERNAL CANDIDATE PRIVATELY DULY APPLYING FOR LEAVE AT HIS CREDIT AND TAKING PERMISSION FROM THE COLLEGE WHERE HE WAS WORKING ONE MORE YEAR FROM 1.4.96 WITHOUT ANY FINANCIAL COMMITMENT ON THE PART OF THE UNIVERSITY. R1(b):- COPY OF THE MEMORANDUM DT. 14.5.96 OF THE DEPARTMENT OF STUDIES IN COMMERCE, UNIVERSITY OF MYSORE. R1(c):- COPY OF THE GOVERNMENT LETTER DT. 1.4.97. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31240/2007-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of July, 2009 J U D G M E N T The petitioner herein is aggrieved by Ext.P30 order by which the application submitted by the petitioner, to extend the period of deputation and to regularise the period from 31/03/1996 to 02/09/1997, was rejected and he was directed to avail eligible leave. 2. Shorn of details, the bare facts of the case are the following:- The petitioner herein started his career as Junior Lecturer from 13/07/1981. He was promoted as Lecturer in 1983 and thereafter promoted as Senior Grade Lecturer. He applied for U.G.C Teacher Fellowship meant for Teachers from affiliated Colleges on the approved U.G.C list, offering instruction in Humanities, including Social Science and Science subjects. The benefit applied for was not granted initially. But, ultimately, pursuant to Ext.P2 order passed by this Court in O.P.No.10631/1989, the said benefit was extended to the petitioner as per Ext.P3 order. Later a modified order was issued as per Ext.P4 treating the award of Teacher Fellowship to the petitioner under Faculty Improvement Programme of the U.G.C VII Plan, as per Ext.P1 Rules. He joined the Department of Studies in Commerce and W.P.(C). No.31240/2007 -:2:- Research, University of Mysore, Manasagangotri, Mysore on the forenoon of 31/03/1992. Ext.P5 is the order by which he was granted sanction for deputation for a period of three years from 31/03/1992. The petitioner executed a bond also which is evidenced by Ext.P6. As per the said bond, he has undertaken to serve the Government for a period of five years immediately and continuously after his return to duty on completion of the course. He had also undertaken that he would complete the course within two years from the date of expiry of the period of deputation. By Ext.P7 judgment, this Court allowed the petitioner to complete the course also. On completion of the original period of three years, the petitioner sought for an extension of the period of deputation as per letter dated 15/03/1995. The period was extended as per Ext.P8 order passed by the Government and the petitioner executed a Supplemental Agreement as per Ext.P8(a). 3. Inspite of expiry of the original period of three years of deputation the petitioner had to further extend the period of deputation as he had to undertake laborious exercise to complete the research work. It is pointed out that the course had to be extended for no fault of his. The petitioner thereafter submitted Ext.P9 to grant extension of the deputation upto 31/03/1997. Even though he had been moving the Government for W.P.(C). No.31240/2007 -:3:- extension of the period of deputation, no favourable orders were issued. Ultimately, by Ext.P12, the Government directed the second respondent the Director of Collegiate Education to permit the petitioner to rejoin duty. This order is dated 01/04/1997. But later the Principal was issued a direction, as per Ext.P13, by the second respondent, to obtain explanation from the petitioner for his absence during the period from 01/04/1996 to 13/03/1997. Again the petitioner, by Ext.P14, requested that the period from 01/04/1996 to 13/03/1997 may be settled, as on deputation in continuation of the earlier period of deputation. Ext.P15 is the certificate issued by the University to show that the petitioner had continued the research work for the period from 01/04/1996 to 13/03/1997. Since the petitioner was not given permission to rejoin duty, he approached this Court by filing O.P.No.13388/1997 wherein, by Ext.P17 interim order, the respondents 2 and 3 therein, namely, the Directorate of Collegiate Education and the Principal, Government College, Madappally, were directed to allow the petitioner to rejoin duty as Senior Lecturer in Commerce forthwith. According to the petitioner, he rejoined duty as Senior Lecturer in Commerce, Government College, Madappally on 03/09/1997. Presently, Ext.P30 order is passed rejecting his request for regularisation of the period W.P.(C). No.31240/2007 -:4:- from 31/03/1996 to 02/09/1997. The petitioner contends that the relevant aspects like Ext.P27(a), a letter dated 18/04/2006 issued by the Director, College Development Council, University of Mysore to the Senior Administrative Officer, Director of Collegiate Education, Thiruvananthapuram, have not been considered while rejecting his request. It is pointed out that, Ext.P27(a) will show that he was permitted to do his research as an external candidate privately by applying leave at his credit and taking permission from the college where he was working, without any financial commitment on the part of the University. It is therefore, submitted that the petitioner had bona fide continued the research work and hence, the said aspect ought to have been considered by the Government before communicating the decision. It is pointed out by the learned counsel for the petitioner that even though in Ext.P28 it is recorded that the Government had rejected his request several times, no communication has been received by the petitioner, in that regard. 4. Heard the learned Government Pleader who argued that in the light of the admitted facts as the period of deputation was over by 30/03/1996, the petitioner is not entitled for any extension of the period further. It is pointed out that the petitioner did not complete the research W.P.(C). No.31240/2007 -:5:- work within the original period that was granted. It is therefore, submitted that the orders passed are perfectly justified. 5. A reading of Ext.P30 shows that the communications issued by the Mysore University, namely, Ext.P27(a) and its effect has not been considered. Apart from that, the petitioner was allowed to rejoin duty by the Government by Ext.P12 dated 01/04/1997. But he was not able to join duty and pursuant to the order of this Court as per Ext.P17 he was able to join duty on 03/09/2007. Therefore, it appears that there was delay in permitting him to rejoin duty. For the said delay, the petitioner should not be obviously be blamed. That aspect is also not considered in Ext.P30. Therefore, what remains is regularisation of two spells. The matter will have to be therefore, reconsidered by the Government. Hence, Ext.P30 is quashed. 6. Even going by the averments in the counter affidavit, the Principal did not allow the petitioner to join duty for want of posting order from the Government. At any rate, the claim of the petitioner for regularisation during the period from 01/04/1997 to 02/09/1997, is not separately considered while passing Ext.P30. Therefore, all these matters will have to be reconsidered and appropriate orders shall be passed within a W.P.(C). No.31240/2007 -:6:- period of two months from the date of receipt of a copy of the judgment after hearing the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms