DR.ABDUL MAJEED.T.A vs STATE OF KERALA

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945 WP(C) NO. 43426 OF 2023 PETITIONER :
DR.ABDUL MAJEED T.A., AGED 53 YEARS, SON OF A.ABDUL RAHMAN HAJI, PROFESSOR, ARABIC DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST, MALAPPURAM, PIN – 673 635 BY ADVS.
AUGUSTINE JOSEPH TONY AUGUSTINE RESPONDENTS :
1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001
2 UNIVERSITY OF CALICUT REP. BY ITS REGISTRAR, CALICUT UNIVERSITY POST, MALAPPURAM, PIN – 673 635 SRI.P.C.SASIDHARAN, SC SRI.PREMCHAND R.NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
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W.P.(C) No.43426 of 2023 =-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 21st day of December, 2023

JUDGMENT

Petitioner's service as a Registrar of the University was terminated due to statutory amendment. After the termination of his service as Registrar, he was permitted to continue as a professor in the University. In the meantime, the Government initiated steps to recover the salary paid to the petitioner after his termination as Registrar.

2. Pointing out that in similar situation, in respect of other Universities, the services during the period after the amendment till the service as a Professor was terminated, regularisation was effected by Ext.P2 and Ext.P3 orders. According to the petitioner, he stands on a similar footing and ought to be given the same benefit as other similarly situated persons. Pointing out the above, a representation has been submitted as Ext.P4 before the first respondent. The limited prayer now sought for by the petitioner is for a direction to consider and pass appropriate orders on Ext.P4, in a time bound manner.

3. Having heard Sri.Augustine Joseph, the learned counsel for the petitioner, Sri.Premchand R.Nair, the learned Senior Government Pleader for the first respondent as well as Sri.P.C.Sasidharan, the learned Standing Counsel for the 2nd respondent, I am of the view that this writ petition can be disposed of with a direction.

4. Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on Ext.P4 representation, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to the petitioner. The proceedings to recover the unauthorised payments made to the petitioner, pursuant to Ext.P1, shall be kept in abeyance till a decision, as directed above, is taken.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 43426/2023 PETITIONER'S EXHIBITS :

Exhibit-P1 TRUE COPY OF THE RELEVANT PAGES OF ORDER NO.B2/210/2019/HEDN DATED 6.9.2019 OF THE

1ST RESPONDENT Exhibit-P2 TRUE COPY OF THE ORDER IN G.O.

(RT).NO.618/2021/HEDN DATED 20.4.2021.

Exhibit-P3 TRUE COPY OF THE LETTER NO.B2/259/

2019 /HEDN DATED 20.3.2020.

Exhibit-P4 TRUE COPY OF THE REPRESENTATION FILED ON

25.11.2023 BEFORE THE 1ST RESPONDENT.

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