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2022 Supreme(Ker) 270

RAJA VIJAYARAGHAVAN V.
ASHA T. VARKEY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Advs. P.B.Krishnan, P.B.Subramanyan, Sabu George, Manu Vyasan Peter, Abraham Babu Kallivayalil
For the Respondent: Adv Shri. Elvin Peter, SC, Smt Surya Binoy, SR Government Pleader

JUDGMENT :

1. The petitioner herein is presently working as a Section Officer at the APJ Abdul Kalam Technological University (APJ AKTU). It was while working as a Section Officer in the MG University, that the petitioner had responded to a call by the Government to exercise her option and join the new Technological University being set up as per the APJ Abdul Kalam Technological University Act, 2015 (Act 17 of 2015). She was appointed on 27.7.2017. Her grievance is that though she has served the APJ AKTU for more than five years, she still remains as a Section Officer, while her juniors, who had chosen to remain at the MG University, either for the reason that they were found not suitable or for non-exercise of option, have been promoted to higher posts. This serious injustice has happened due to the failure of the respondents to notify the Statute, the Ordinance and the University Service immediately after the setting up of the APJ AKTU. She asserts that after the delayed notification of the Statute on 5.8.2020, fresh options are being invited from employees of other Universities. The petitioner states that if such an event happens, her juniors would be appointed to the higher pos

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