IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 21730 of 2010(M) -------------------------- PETITIONER(S): --------------- PRADEEP KUMAR.K., CHETTIYANKADY HOUSE, P.O.CHECKIKULAM, KOODALI VIA, KANNUR DISTRICT, PIN-670592. BY ADV. SRI.B.PREMNATH (E) SRI.S.P.ARAVINDAKSHAN PILLAY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 4. UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE, P.K.BLOCK, PALACE ROAD, GANDHINAGAR, BANGALORE-560009, REPRESENTED BY ITS JOINT SECRETARY. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R4 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.21730 of 2010 --------------------------------------------- Dated this the 8th day of November, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are the following : “(a) Call for the records connected with the case ; (b) Declare that the petitioner's application as per Exhibit P2 for “teacher fellowship,” and its grant are governed by Exhibit P1 original guidelines; (c) issue a writ of mandamus or other appropriate writ or order directing the first and second respondents to approve the deputation of the petitioner for the period from 17.6.2009 to 16.6.2011 for the Ph.D. programme under taken as per Exhibit P1 original guidelines; (d) issue a writ of mandamus or other appropriate writ or order directing the first respondent to pay the salary and increments due to the petitioner for the period from 17.6.2010 to 12.7.2010 and continue to pay the same; (e) direct the first respondent to take up WPC No.21730/2010. 2 Exhibit P14 representation, consider it and pass orders on it after granting an opportunity of being heard to the petitioner; (f) issue such other appropriate writ or order, as this Court deem fit and proper in the circumstances of the case.” 2. Subsequent to the filing of the Writ Petition, the Government issued G.O.(Rt) No.1599/10/H.Edn. dated 10.8.2010, which reads as follows : “The Director of Collegiate Education, Thiruvananthapuram in his letter read above has forwarded a representation from Sri.Pradeep Kumar K., Lecturer (Selection Grade ), Department of Physics, Nehru Arts and Science College, Kanhangad requesting sanction for his deputation for the period from 17.6.2009 to 16.6.2011 to undergo Ph.D course under FIP scheme of UGC. Government have examined the request and are pleased to accord sanction for deputation of Sri.Pradep Kumar K., Lecturer (Selection Grade), Department of Physics, Nehru Arts and Science College, Kanhangad for undergoing Ph.D course for the period from 17.6.2009 to 16.6.2011 under the FIP scheme WPC No.21730/2010. 3 (TFS) on condition that extension of time will not be allowed to complete the course. The revised bond as per the G.O. read as 6th paper above shall also be executed as the case may be.” 3. In the light of Exhibit P15 order, the reliefs prayed for by the petitioner except relief No.(d) have been satisfied. The learned counsel for the petitioner submitted that what remains is only implementation of G.O.(Rt) No.1599/10/H.Edn. dated 10.8.2010 and payment of salary to the petitioner which he is entitled to get. The learned Government Pleader submitted that the petitioner has to execute the bond as provided in the Government Order dated 10.8.2010. The learned counsel for the petitioner submitted that the petitioner is prepared to do so. Accordingly, the Writ Petition is disposed of directing respondents 1 and 2 to implement G.O.(Rt) No.1599/10/H.Edn. dated 10.8.2010 within a period of one month from the date of receipt of a copy of the judgment. K.T.SANKARAN JUDGE csl