IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 OP.No. 19871 of 1999(N) ----------------------- PETITIONER(S): --------------- DR. V.K. THANKAPPAN, (FORMERLY PROFESSOR & HEAD OF THE DEPARTMENT OF PHYSICS, UNIVERSITY OF CALICUT), HOUSE NO. XI-41, P.B. NO. 15, CHELAMBRA, CALICUT UNIVERSITY P.O., PIN 673 635. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN 673 635. 2. THE FINANCE OFFICER, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN 673 635. ADV. SRI.P.C.SASIDHARAN, SC CALICUT UTY FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN C.M.P. NO. 32772 OF 1999 IN O.P. NO. 19871 OF 1999. DISMISSED 15.9.2009 Sd/-(C.T. RAVIKUMAR, JUDGE) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of Order No. Ad.F1/2883/87 dated 16.3.1987 issued by the University of Calicut. Ext.P2: True copy of Order No. GAII/C1/1482/88 dated 17.6.1988 issued by the University of Calicut. Ext.P3: True copy of Order, G.O.(P) No.79/90/H. Edn. dated 27th March, 1990 along with Annexure. Ext.P4: True copy of Order No.GA.II/C1/425/94 dated 29.1.1996 issued by the University of Calicut. Ext.P5: True copy of Order No.GA.II/C1/169/99 dated 30.3.1999 issued by the University of Calicut. Ext.P6: True copy of Order No.GAII/C1/2680/89 dated 18.6.1990 issued by the University of Calicut. Ext.P7: True copy of representation dated 24th May, 1995 submitted by the petitioner. Ext.P8: True copy of representation dated 30th September, 1996 submitted by the petitioner. Ext.P8(a): True copy of Option Statement dated 30.9.1996 submitted by the petitioner. RESPONDENTS' EXHIBITS; NIL. C.T. RAVIKUMAR, J. -------------------------------------------- O.P. NO. 19871 OF 1999 -------------------------------------------- Dated this the 15th day of September, 2009 JUDGMENT The petitioner was formerly Professor and Head of the Department of Physics in the University of Calicut. He was appointed as Reader in Physics and was granted time bound promotion to the Grade of Professor as per Ext.P2 with effect from 1.6.1986, on completion of ten years of service as Reader. In the meanwhile, U.G.C. scale of pay was introduced and the petitioner claimed that he was entitled to come over to the U.G.C. scale of pay in terms of clause 5.09 of Ext.P3. But, the said claim was not favourably considered by the respondents. However, based on a representation of the Teachers' Organisation, Ext.P4 order dated 29.1.1996 was issued by the University taking a favourable stand in respect of persons like the petitioner, it is submitted. Despite his entitlement to come over to the scale of Professor with effect from 1.6.1986 and based on such entitlement to get the U.G.C. scale of pay of Professor with effect from that date, his claim was never considered by the respondents. The petitioner relied on Exts.P3, P4, P5 and P6 orders to sustain his claim. He also submitted Exts.P7 and P8 representations for redressal of his grievance. Ext.P8(a) option statement submitted by him also remained O.P. NO. 19871/1999 2 unconsidered. It was in the said circumstances that the petitioner approached this Court by filing this Original Petition. 2. At the stage of admission, an interim order was passed by this Court on 18.8.1999, directing the respondents to consider and pass orders on Exts.P7, P8 and P8(a) in accordance with the provisions of law within one month from the date of receipt of a copy of the said order. Learned counsel for the petitioner submits that no order was passed till 22.1.2000 in compliance with the aforesaid interim order. 3. This is a matter which is pending before this Court since 1999. Therefore, taking into consideration the entire aspects, I am inclined to dispose of this Writ Petition with a direction to the respondents to consider and pass orders on Exts.P7, P8 and P8(a), as directed earlier, within a period of one month from the date of receipt of a copy of this judgment, if no decision has already been taken in compliance with the interim order dated 18.8.1999. Ordered accordingly. (C.T. RAVIKUMAR, JUDGE) sp/ O.P. NO. 19871/1999 3 C.T. RAVIKUMAR, J. O.P.NO. 19871/1999 JUDGMENT 15th September, 2009 O.P. NO. 19871/1999 4