IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 26253 of 2008(A) -------------------------- PETITIONER: -------------- DR.C.P.RAJENDRAN,SCIENTIST E-II CENTRE FOR EARTH SCIENCE STUDIES THIRUVANANTHAPURAM,RESIDING AT TC 33/1273 'VASUDHA'VATTIYOORKKAVU P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENTS: ----------------- 1. CENTRE FOR EARTH SCIENCE STUDIES REPRESENTED BY ITS DIRECTOR,AKKULAM, THIRUVANANTHAPURAM-31 2. THE DIRECTOR CENTRE FOR EARTH SCIENCE STUDIES AKKULAM, THIRUVANANTHAPURAM-31 3. THE KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT, SASTHRI BHAVAN, PATTOM PALACE P.O.,THIRUVANANTHAPURAM-04. 4. THE EXECUTIVE VICE PRESIDENT, KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT, SASTHRI BHAVAN,PATTOM PALACE P.O., THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.E.K.MADHAVAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA R3 & R4 BY ADV. SRI.P.A.AHAMED, SC, K.S.C.T.E THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26253 of 2008(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT DATED 04.08.2008 IN W.P.(C) No.20618 OF 2008(D). EXT.P2 : TRUE COPY OF THE NOTE NO.CESS/PER/1503 DATED 21.08.2008 OF THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE REPLY DATED 23.08.2008 OF THE PETITIONER TO ANNEX.A. EXT.P4 : TRUE COPY OF THE CLARIFICATION DATED 24.07.2008 OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P5 : TRUE COPY OF THE MINUTES OF THE 12TH MEETING OF THE 3RD RESPONDENT DATED 04.01.2007. EXT.P6 : TRUE COPY OF THE PRESS RELEASE OF THE DEPARTMENT OF SCIENCE AND TECHNILOGY DATED 08.05.2005. EXT.P7 : TRUE COPY OF THE SPECIFI DETAILS REGARDING THE RAMANUJAM FELLOWHSIP ALONG WITH THE FORMAT FOR NOMINATION FOR THE SAME PUBLISHED BY THE DEPARTMENT OF SCIENCE AND TECHNOLOGY IN THE WEBSITE. EZXT.P8 : TRUE COPY OF THE REPRESENTATION DATED 29.08.2008 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P9 : TRUE COPY OF MY CURRICULUM VITAE OF THE PETITIONER. EXT.P10 : TRUE COPY OF THE COMMUNICATION NO.133/PIO/2007 DATED 18.09.2007 OF THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R3(A) : TRUE COPOY OF THE RELEVANT RULES OF KSCSTE. /TRUE COPY/ PA TO JUDGE. S.SIRI JAGAN, J ------------------------------------------- W.P(C).No. 26253 of 2008 -------------------------------------------- Dated this the 31st day of January, 2011 JUDGMENT Petitioner is a Scientist in the first respondent-organisation. He was awarded the prestigious 'Ramanujam Fellowship' by the Indian Institute of Science, Bangalore. He applied for leave for taking up the said assignment. Leave was not granted. It is under the above circumstances, the petitioner has filed this Writ Petition seeking the following reliefs: “i) issue a writ in the nature of certiorari or any other appropriate writ, direction or order calloing for othe records leading to the decision contained in the letter No.1736/C2/08/KSCSTE dated 18.8.2008 of the 3rd respondent referred to as No.4 in Ext.P2 and Ext.P2 and quash the same; ii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the Respondents 3 and 4 to reconsider the request of the petitioner for leave as early as possible, within a time frame to be fixed by this Hon'ble Court; and iii) issue such other appropriate direction or order as the case may be.” WP(C).26253/08 2 2. On 3.10.2008 this Court passed the following interim order: “Admit. Advocate Sri.E.K.Madhavan takes notice for respondents 1 and 2. Advocate Sri.P.A.Ahamed takes notice for respondents 3 and 4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. There will be an interim order directing the respondents to grant the petitioner study leave for a period of one year from the date of sanction as to enable him to do research work in the Indian Institute of Science, Bangalore pursuant to the award of Ramanujam Fellowship instituted by the Government of India. This shall be done within two weeks from today.” Again this Court passed an interim order on 25.6.2009, which reads as follows: “Heard learned counsel appearing on both sides. Though the 3rd respondent vehemently opposes the grant of the relief prayed for in this application, on going through Ext.P12 and the stipulations in the rules referred to therein, I am prima facie satisfied that the respondents are bound to conduct an assessment of the petitioner for assessment promotion for the period 2003- 2008. There will accordingly be, an interim order directing the respondents to assess the petitioner if he presents himself at this own expense tomorrow before the Assessment Committee constituted by the first respondent. It is clarified that even if the petitioner is found eligible for promotion after assessment by the committee, orders giving promotion to him need not be WP(C).26253/08 3 issued until further orders. The respondents shall after the assessment is conducted file an affidavit in this Court as regards the decision taken by the Assessment Committee.” Still further another interim order was passed by this Court on 25.8.2009, which reads as follows: “Heard the learned counsel appearing on both sides. While admitting this case on 03.10.2008, this Court had passed an interim order directing the respondents to grant the petitioner study leave for a period of one year from the date of sanction in order to enable him to do research work in the Indian Institute of Science, Bangalore, pursuant to the award of Ramanujam Fellowhsip instituted by the Government of India. As directed by this Court, the petitioner was granted leave without allowances for a period of one year. The said period of leave expires on 01.09.2009. A prestigious fellowship has been awarded to the petitioner, which the respondents should be proud to proclaim from the roof top. However, the third respondent is determined to ensure that the petitioner is not in a position to take up the research work. The stand adopted by the third respondent would, in my opinion, defeat the very purpose for which the Council was created. I am therefore satisfied that the leave sanctioned to the petitioner requires to be extended by a further period of one year. I accordingly direct the competent authority among the respondents to sanction to the petitioner leave without allowances for a further period of one year WP(C).26253/08 4 from 01.09.2009. Necessary orders in that regard shall be issued expeditiously and in any event before 01.09.2009.” I passed an order dated 16.9.2010 as follows: “The learned counsel for the 2nd respondent produces before me the result of the Assessment held on 26th June 2009 for Assessment promotion of the petitioner, as directed in I.A. No.7302/2009 by order dated 25.06.2009, which reads as follows: “In compliance with the decision of the Hon'ble High Court in I.A. No.7302 of 2009 in W.P.(C) No.26253 of 2008, Dr. C.P.Rajendran, Scientist-E 2 was assessed by the Assessment Committee on 26.06.2009. The Committee found him suitable for promotion to the next higher grade of Scientist-F with effect from 01.11.2003.” This is recorded.” 3. Today an order dated 28.1.2011 has been produced before me by the counsel for the 1st respondent whereby the petitioner was granted further leave without allowance for one more year with effect from 1.9.2010. Learned counsel for the petitioner submits that if the leave as granted as per interim orders of this Court and by order dated 28.1.2011 is confirmed, the petitioner would be satisfied. Accordingly, the Writ Petition is closed with a direction to the respondents to regularise all the leave granted to the petitioner up WP(C).26253/08 5 to 31.8.2011 pursuant to the interim orders of this Court and order dated 28.1.2011. The petitioner's assessment promotion shall also be regularised in accordance with the assessment held on 26.6.2009, which has been recorded by order dated 16.9.2010. S.SIRI JAGAN, JUDGE vgs