IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 13759 of 2010(T) -------------------------- PETITIONER: ------------------- R.CHITHRAJAKUMAR, SUB EDITOR (SELECTION GRADE), DEPARTMENT OF MALAYALAM LEXICON UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MANOJKUMAR RESPONDENTS: --------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR,UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 ADV. SRI.M.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON 12/10/2010 DELIVERED THE FOLLOWING: WP(C).No. 13759 of 2010(T) ------------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS: ------------------------------------- EXT.P1. COPY OF THE ORDER NO.AD.D1(1) 1220/84 DATED 23.1.1987 ISSUED BY THE DEPUTY REGISTRAR (ADMN.) UNIVERSITY OF KERALA, TRIVANDRUM TO THE PETITIONER. EXT.P2. COPY OF THE JUDGMENT DT. 30.10.1991 IN OP NO.5564/91 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P3. COPY OF THE JUDGMENT DT. 25.9.2000 IN OP NO.15370 OF 1996 OF 1996 (D) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P4. COPY OF THE ORDER NO.AD.D.III(1) 9734/2000 DT. 30.12.2000 PASSED BY THE UNIVERSITY OF KERALA TO THE PETITIONER EXT.P5. COPY OF THE JUDGMENT DT. 6.8.2003 IN OP NO.22727/2001 E PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P6. COPY OF THE JUDGMENT DT. 30.1.2006 IN W.A. NO.1602 OF2003 (A) PASSED BY THE HOB'BLE HIGH COURT OF KERALA AT ERNAKULM. EXT.P7. COPY OF THE ORDER NO.AD.D.III(1) 9734/2000 DT. 25.5.2005 ISSUED BY THE UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P8 COPY OF THE ORDER NO.AD.D.III(I) 9734/2000 DT. 25.8.2005 ISSUED BY THE UNIVERSITY OF KERALA AT THIRUVANANTHAPURAM. EXT.P9. COPY OF THE ORDER DT. 6.12.2005 GRANTED TO THE PETITIONER U.G.C. PAY REVISION FROM 1996 ISSUED BY THE FINANCE OFFICER, UNIVERSITY OF KERALA. EXT.P10. COPY OF THE CERTIFICATE DT. 17.12.2007 ISSUED BY THE U.G.C. ACADEMIC STAFF COLLEGTE, UNIVERSITY OF KERALA TO THE PETITIONER. EXT.P11. COPY OF THE DECISION COMMUNICATED BY THE EDITOR, KERALA UNIVERSITY TO THE PETITIONER DT. 21.8.2008. EXT.P12. COPY OF THE JUDGMENT DT. 27.11.2008 IN W.P.(C) NO.22256 OF 2008 (Y) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P13. COPY OF THE ORDER NO.AD.DII.3 2711/95 DT. 8.4.2009 ISSUED BY THE REGISTRAR, UNIVERSITY OF KERALA. EXT.P14. COPY OF THE NOTIFICATION ISSUED BY THE UNIVERSITY NO.ACAD . L.S./2306/2008 DT. 22.11.2008. EXT.P15. COPY OF THE REQUEST DT. 7.12.2009 ISSUED BY THE DR. P.VENUGOPALAN PROFESSOR AND EDITOR DEPARTMENT OF MALAYALAM LEXICON, TO THE VICE CHANCELLOR, UNIVERSITY OF KERALA. WP(C).No. 13759 of 2010(T) ------------------------------------- EXT.P16. COPY OF THE REPRESENTATION DATED 3.12.2009 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR UNIVERSITY OFKERALA, TRIVANDRUM. EXT.P17. COPY OF THE REPRESENTATION DT. 20.1.2010 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR, UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P18. COPY OF THE REPRESENTATION DT. 12.1.2010 SUBMITTED BY THE PETITIONER TO THE REGISTRAR, UNIVERSITY OF KERALA, TRIVANDRUM. EXT.P19. COPY OF THE ORDER NO.ELECTION/SENATE/2009-10 DT. 29.1.2010 ISSUED BY THE REGISTRAR/RETURNING OFFICER, UNIVERSITY OF KERALA. EXT.P20.COPY OF THE ORDER NO.AD.DII.3 2711/95 DATED 7.2.2008 ISSUED BY THE DEPUTY REGISTRAR (ADMN-II) FOR REGISTRAR, UNIVERSITY OF KERALA, TRIVANDRUM TO THE PETITIONER. EXT.P21. COPY OF THE CERTIFICATE DT. 17.12.2007 ISSUED BY THE DIRECTO, UGC- ACADEMIC STAFF COLLEGE, UNIVERSITY OF KERALA, TRIVANDRUM, TO THE PETITIONER. EXT.P22. COPY OF THE ORDER NO.AD.D.III. 1.033176/2008 DATED 19.8.2008 ISSUED BY THE DEPUTY REGISTRAR (ADMN.III) FOR REGISTRAR, UNIVERSITY OF KERALA, TRIVANDRUM, TO THE PETITIONER. RESPONDENTS EXHIBITS : NIL --------------------------------------- P.A. TO JUDGE / TRUE COPY / VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.13759 Of 2010 ----------------------------------------------------- DATED THIS THE 12th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner herein is working as Selection Grade Sub Editor in the Department of Malayalam Lexicon in the University of Kerala. The main prayer in the Writ Petition is to declare that the petitioner is legally entitled to be appointed as the Head of the Department of Malayalam Lexicon in the Kerala University in the light of Exhibit P14 notification issued by the University. He is seeking for a further direction to the 2nd respondent to consider the petitioner for appointment as Head of the Department of Malayalam Lexicon. The further prayer is to quash Exhibit P19. 2. The dispute herein is an offshoot of various earlier judgments of this Court. The Department of Malayalam Lexicon was conferred academic status on a decision by the Senate in the year 1973 on the advise of the Academic Council. That was implemented by the Syndicate of the University by University order dated 20.8.1973, conferring academic status on the editorial staff in the Malayalam Lexicon Department of the University of Kerala. According to the petitioner, ever since the W.P.(C)No.13759/10 -2- said order was issued, they were treated as teachers as defined under Section 2(27) and 2(28) of the Kerala University Act. But, later, on 30.4.1991, the Syndicate of the University took a decision that the members of the staff of the Malayalam Lexicon Department will be treated as non-teaching staff and they have to retire at the age of 55 years. This was challenged by one Dr.V.Gangadharan Nair, who was the Sub Editor in the Department of Malayalam Lexicon, and the said dispute was resolved by this Court in Exhibit P2 judgment, wherein this Court held that the decision of the Syndicate dated 30.4.1991 is arbitrary. Writ Appeal No.1394/1991 filed against the said judgment was dismissed. Therefore, in the light of the above judgment, the conferment of academic status of the staff of the Malayalam Lexicon Department was well continued and the post of Editor, Assistant Editor and Sub Editor are to be treated as equivalent to the post of Professor, Reader and Lecturer. 3. Later, disputes arose when the petitioner claimed the benefit of UGC Scheme. This was granted to the petitioner as per Exhibit P4 in the light of the directions of this Court in Ext.P3 judgment. But, later, the Syndicate took a decision to confer W.P.(C)No.13759/10 -3- academic status to the Department of Malayalam Lexicon, but declined to confer academic status to the members of the staff of the Department of Malayalam Lexicon. This was challenged by the petitioner in W.P.(C)No.22727/01 which was decided in his favour by Exhibit P5 judgment. Writ Appeal No.1602/2003 filed against the same was dismissed. Accordingly, the petitioner is also conferred with the status of Lecturer with regard to retirement age and other service benefits. Exhibit P6 is a copy of the judgment in the Writ Appeal. These directions were implemented by Exhibit P7 order. Accordingly, the Syndicate equated the post of Editor with that of Professor, Assistant Editor with Reader and Sub Editor with that of Lecturer in the Kerala Univesity and the UGC scale of pay was fixed. Exhibits P8 and P9 are other consequential orders issued granting benefits to him. By Exhibit P12 judgment this Court resolved the dispute with regard to the entitlement for Senior Grade and Selection Grade. The University order implementing the said judgment has been produced as Exhibit P13. 4. Presently, the petitioner is claiming the post of Head of the Department in the light of the amendment to the Kerala W.P.(C)No.13759/10 -4- University First Statute, 1977, especially Statute 18, as per Exhibit P14. Under the said amendment, Professor, Reader or Lecturer in charge of the Department shall be Head of the Department. The Head of the Department shall be nominated on a rotation basis for three years and at the end of the three year, the next seniormost Professor shall be nominated. Further processes to fill up the post by rotation are provided in the said Statute. It is pointed out that since the Malayalam Lexicon Department is having an academic status, it shall be treated as teaching Department and therefore the petitioner is liable to be conferred with the status of Head of the Department. Apart from the same, he is also seeking for a direction to include his name as a voter in the Constituency of Teachers for election to the Senate. Exhibits P16 is the representations he has filed before the Vice Chancellor and Exhibit P18 is the representation filed by the petitioner before the Registrar and as per Exhibit P19, the Registrar has declined the benefits sought for by him. 5. The Registrar of the University has filed a counter affidavit on behalf of the University. The stand taken in the counter affidavit is that even though the University Syndicate had W.P.(C)No.13759/10 -5- resolved that the pay of Editor, Assistant Editor and Sub Editor of the Department of Malayalam Lexicon as equivalent to the scale of pay of Professor, Reader and Lecturer, the Syndicate has not taken a decision about the status of the staff of the Department. With regard to the inclusion of the petitioner's name in the voters list, it is stated that Editor of the Department of Malayalam Lexicon is included in the non-teaching category for the Senate Election, 2010. 6. The learned counsel for the petitioner submitted that in the light of the various judgments of this Court, it is too late in the day to contend that the academic status will not confer the status of teachers for the various functionaries in the Department. It is also submitted that as evident from Exhibit P2 judgment, Research Wing of the University will also come within the definition of Department for the purpose of the First Statute and therefore the confirmation of status as the Head of the Department in terms of Statute 18 will have to be granted to the petitioner. It is pointed out that now Dr.P.Venugopalan, Lecturer in the Department of Distance Education is posted as Editor in charge of Department of Malayalam Lexicon with effect from W.P.(C)No.13759/10 -6- 24.7.1997 and even though he has expressed a desire to be relieved, no decision is being taken in the matter. 7. With regard to the continuance of Dr.P.Venugopalan, what is averred in paragraph No.12 of the counter is that even though he has requested that he be relieved from the duties of the present Editor in charge so as to enable him to join his parent Department, the Syndicate meeting held on 25.2.2010 vide item No.44.23 decided that his request may be referred to the Committee already constituted to study the functioning of the Department of Malayalam Lexicon. A final decision in this regard has not been taken yet. 8. Evidently, as contended by the learned counsel for the petitioner, the academic status conferred on the Department has not been disturbed or varied by any known method. Whether the provisions of Statute 18 therefore applies to the petitioner is the next question. True that the University may have to consider various aspects, while taking a decision in this matter. So far such a decision has not been taken at any level, as evident from the pleadings in the counter affidavit also. Therefore, it is only proper that all the issues are considered by the Vice Chancellor, W.P.(C)No.13759/10 -7- in the absence of a duly constituted Syndicate. It is submitted that the election to the Syndicate has not taken place so far. 9. There will be a direction to the Vice Chancellor of the University to take a decision on Exhibit P16 as well as the request to include the name of the petitioner in the Teacher's Constituency as sought for in Exhibit P18 in the light of the various judgments of this Court relied upon by the petitioner. Appropriate decision will be taken within a period of six weeks from the date of receipt of a copy of this judgment and the result of the same will be communicated to the petitioner. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn