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2024 Supreme(Online)(KER) 46295

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946 WP(C) NO. 10207 OF 2018 PETITIONER:

LIJEESH R AGED 39 YEARS AGED 39, S/O. RAGHAVAN NAIR,CALICUT ADARSHA SAMKRITH VIDHYA PEETHA,BALUSSERY - 673 612, KOZHIKODE,KOYILOTH HOUSE, NANMINDA P.O.,KOZHIKODE PIN-673 613.

BY ADVS.

SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENTS:

1 THE CHAIRMAN MANAGING COMMITTEE, CALICUT ADARSHA SANSKRIT,VIDYAPEETHA (C.A.S.V), BALUSSERY P.O.,KOZHIKODE DISTRICT, KERALA - 673 612.

2 THE PRINCIPAL C.A.S.V, BALUSSERY P.O.,KOZHIKODE DISTRICT, KERALA PIN- 673 612.

3 THE SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF EDUCATION (SKT), GOVT OF INDIA, SHASTRI BHAVAN, NEW DELHI.

[ IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER DATED 28.06.2024 ]

4 THE REGISTRAR, RASHTRIYA SANSKRIT SANSTHAN,56-57, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI-110 058 [ IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 28.06.2024 ]

BY ADV SMT.O.M.SHALINA OTHER PRESENT:

SRI.T.V.VINU, CGC, SRI.N.M.MADHU FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V. KUNHIKRISHNAN, J.

-----------------------------------

W.P.(C).No.10207 of 2018 -----------------------------------

Dated this the 28th day of June, 2024

JUDGMENT

The above Writ Petition is filed with following prayers:

(i) " Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay salary to the petitioner based on the dictum laid down in 2017(1) SCC 148;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider Exts.P4 & P8 representations filed by the petitioner after affording an opportunity of being heard to the petitioner as expeditiously as possible;

iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to regularize the service of the petitioner as Library Assistant with effect from 19.01.2011 onwards and also direct the respondents to pay all consequential benefits to the petitioner; and iv) Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case."

[SIC]

2. The Petitioner along with some others have filed W.P.(C).No.3040/2016, before this Court earlier, and the said Writ Petition was disposed of by this Court with certain directions. It will be better to extract the relevant portion of the judgment in W.P.(C).No.3040/2016.

" 2. The second relief in the Writ Petition was to direct the respondents to allow the petitioners to continue in service till regular hand are appointed.

3. Smt.O.M. Shalina, learned counsel for the respondents 1 and 2 made available a copy of the order dated 21.02.2019 by which regular appointment is made to the post of Librarian in the Calicut Adarsha Sanskrit Vidyapeetha after conducting regular process of selection. Therefore, the second petitioner cannot have any right to continue after the regular appointment.

However, it is seen that the petitioner was allowed to continue on the basis of the interim order. Therefore, the respondents are free to terminate the services of the petitioners. But salary for the period till the termination is effected shall be disbursed to the second petitioner without any delay. The Writ Petition is disposed of accordingly."

3. Now the counsel for the petitioner submit that he is pressing for prayer nos.1 and 2. I am of the considered opinion that this aspects cannot be decided by this Court under Article 226 of the Constitution of India. These are policy matters to be decided by the authority concerned. In such circumstances, the petitioner is free to approach respondent nos.3 and 4 with appropriate representation and if such representation is received respondent nos.3 and 4 will do the needful and pass appropriate orders in accordance with law.

With the above observation, this Writ Petition is disposed of.

Sd/-

P.V. KUNHIKRISHNAN JUDGE SSG APPENDIX OF WP(C) 10207/2018 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DT. 19.1.11 ISSUED BY THE

2ND RESPONDENT APPOINTING THE PETITIONER AS LIBRARY ASST ON DAILY WAGES.

EXHIBIT P2 TRUE COPY OF NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 6.9.2013 INVITING APPLICATIONS FOR THE POST OF LIBRARY ASSISTANT.

EXHIBIT P3 TRUE COPY OF APPOINTMENT ORDER DT. 11.9.2013 ISSUED BY 2ND RESPONDENT APPOINTING PETITIOENR AS LIBRARY ASSISTANT UNDER RESPONDENTS.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DT. 3.9.2016 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH A COPY TO THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF REMINDER SUBMITTED BY THE PETITIONER TO THE RESPONDENT DT. 5.5.2017.

EXHIBIT P6 TRUE COPY OF REMINDER SUBMITTED BY PETITIONER TO THE RESPONDENTS DT.

19.12.2017.

EXHIBIT P7 TRUE COPY OF THE INFORMATION GIVEN FROM THE OFFICE OF THE RESPONDENTS ON 05.2.2018 TO ONE V.K.KRISHNAN UNDER THE RIGHT TO INFORMATION ACT, 2005.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 25.1.2018 TO THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF NOTICE DATED 10.12.2015 INFORMING THE LIBRARY COMMITTEE HELD ON 14.12.15 AT 2.30PM IN THE CHAMBER OF PRINCIPAL EXHIBIT P10 TRUE COPY OF THE STAFFS WHO ARE NOMINATED AS CONVENERS AND MEMBERS FOR THE ACADEMIC YEAR 2016-17 IN THE RESPECTI

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