IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 35488 of 2003(Y) ------------------------- PETITIONER(S): ----------------------- DR. SANTHOSH NAMBY, LECTURE SELECTION GRADE, DEPT. OF BOTANY, ST. JOSEPH'S COLLEGE, DEVAGIRI, CALICUT - 673 008. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF HIGHER EDUCATION, SECRETARIATE, THIRUVANANTHAPURAM. 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, TECHNOLOGY BHAVAN, NEW MOHRAULI ROAD, NEW DELHI - 110 016. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., THENHIPALAM. 5. THE PRINCIPAL, ST. JOSEPH'S COLLEGE, DEVAGIRI, CALICUT - 673 008. BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, CALICUT UTY FOR R4 GOVERNMENT PLEADER FOR R1 TO 3 SRI.E.S.ASHRAF, SC, CALICUT UNIVERSITY FOR R4 SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35488 of 2003(Y) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE PAPER PUBLICATION. P2: COPY OF LETTER NO. G2/ESTT/747/95-96 DATED 30.01.1996 ADDRESSED TO THE 2ND REPSPONDENT. P3: COPY OF LETTER DATED 13-03-96 TOGETHER WITH FRESH DETAILS. P4: COPY OF LETTER NO.HRY/BYS/L.02/96 DATED 02/12/96 SENT BY THE 2ND RESPONDENT. P5: COPY OF LETTER NO. G5/DL (SN)/647/96-97 DATED 10/01/1997 SENT BY THE 5TH RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. P6: COPY OF LETTER NO. 6427/D2/97/H.EDN DATED 12/03/1997 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF ORDER NO. G2/ESTT/23/97 DATED 31/03/1997 ISSUED BY THE 5TH RESPONDENT. P8: COPY OF LETTER NO. 6427/D2/97/H.EDN DATED 31/03/97 OF THE 1ST RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. P9: COPY OF LETTER NO. ESST-D2/6254/98 DATED 30/10/98 ISSUED BY THE 3RD RESPONDENT. P10: COPY OF LETTER NO. G5/LEAVE/444/98-99 DATED 12/11/98. P11: COPY OF LETTER DATED D5-DL (SN) 272/98-99 DATED 1988. P12: COPY OF ORDER NO. G.O. (RT)643/99/H.EDN DATED THIRUVANANTHAPURAM 23/06/1999. P13: COPY OF ORDER NO. AD-D-C 2 4366/98 DATED TRIVANDRUM 03/08/2000. P14: COPY OF LETTER NO. F.NO. 3-6/96 1C-1 DATED 21ST APRIL, 1997 ISSUED BY THE U.G.C. ADDRESSED TO THE 4TH RESPONDENT. P15: COPY OF LETTER NO. 3424/D2/2000/H.EDN DATED 29/05/2001 ISSUED BY THE 1ST RESPONDENT. P16: COPY OF THE PETITION DATED 08/06/2002 SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR FINANCE, KERALA. P17: COPY OF THE LETTER DATED 23RD AUGUST 1995 ADDRESSED TO DR. HANS NOOTEBOOM BY ST. JOSEPH'S COLLEGE, DEVAGIRI. P18: COPY OF THE LETTER DATED 6TH SEPTEMBER 1995 ADDRESSED TO THE PETITIONER BY PROF. DR. P. BASS OF RIJKSUNIVERSITEIT TE LEIDEN. WP(C).No. 35488 of 2003(Y) RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE B.P.RAY, J. - - - - - - - - - W.P.C. NO.35488 OF 2003 - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2011 J U D G M E N T Heard learned counsel for the petitioner. 2. The prayer in the writ petition is as follows: “i) issue a writ of certiorari or any other appropriate writ or order or direction quashing Exhibits P15 and P12 partially to the extent a denial of salary and allowances during the period of Scholarship of the petitioner i.e. 1-04-1997 to 30-09-1997. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to treat the Scholarship period of the petitioner from 1-04-1997 to 30-09-1997 as duty and to sanction salary and allowances for the said period. iii) declare that the period if scholarship from 01-04-1997 to 30-09-1997 as duty for the purpose of drawing salary and allowances.” W.P.C.No.35488/2003 -2- 3. The learned counsel for the petitioner submits that similarly situated persons have been given benefits including pay and allowances treating the scholarship period as duty by the University of Kerala and University Grants Commission vide Exts. P13 and P14. Pressing on the said facts, the petitioner may make a representation before respondent No.1 within two weeks from today. If such a representation is filed highlighting his grievances, respondent No.1 shall pass a fresh order within three months from the date of receipt of the representation without being influenced by Ext. P15 and after giving an opportunity of hearing to the petitioner. This writ petition is disposed of as above. B.P.RAY, JUDGE. ds