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Display - PDF (1) Writ Appeal Judgment in Byju's Case.
Display - PDF (1) Writ Appeal Judgment in Byju's Case.
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
WA NO. 564 OF 2021
AGAINST THE JUDGMENT DATED 22.02.2021 IN WP(C) 30256/2018
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDNETS 1 & 3 TO 9:
1 BIJU P.S.,
AGED 45 YEARS,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
2 SINDHUMOL.A,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
3 ANILKUMAR P.S,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
4 MAYAKRISHNAN,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
5 PREMJITH P.D,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
6 ROMISON M.J,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
7 BINDHU ANTONY,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
8 ARAVIND.K.S,
TECHNICIAN GRADE-II(INSTRUCTOR GRADE II),
COLLEGE OF ENGINEERING, MUNNAR.
BY ADVS.
K.SASIKUMAR
SRI.S.ARAVIND
SRI.P.S.RAGHUKUMAR
Writ Appeal No.564 of 2021 -: 2 :-
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP BY SECRETARY TO GOVT, HIGHER EDUCATION
DEPARTMENT, GOVERNMENT OF KERALA, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 CENTRE FOR CONTINUING EDUCATION,
KERALA ANATHARA LANE, CHARACHIRA, KOWDIAR P.O.
THIRUVANANTHAPURAM, REPRESENTED BY ITS
DIRECTOR, PIN-695 003.
4 PRINCIPAL,
COLLEGE OF ENGINEERING, MUNNAR-685 612.
BY ADVS.
SMT.B.VINITHA SR GP
SMT.LATHA ANAND
JUDGMENT
P.B.Suresh Kumar, J.
petition.
from 01.07.2009.
College as per Exts.P32 and P33 orders, and the stand taken by
Writ Appeal No.564 of 2021 -: 5 :-
20.01.2016.
Single Judge at the admission stage itself taking the view that
the counter affidavit that the CCEK and its sub-centres were
salary to its staff; that the College is being run presently on the
2016 and July, 2021 and the CCEK is not in a position to provide
LBS Centre for Science and Technology (LBS Centre) which are
said affidavit that since the College is not able to run on its
consideration.
the learned Standing Counsel for the CCEK as also the learned
Government Pleader.
required for the same and that the State Government has
at the time of hearing was that insofar as the benefit has been
Writ Appeal No.564 of 2021 -: 9 :-
earlier part of the CCEK and the same does not in any manner
the CCEK, but an institution run by the CCEK itself and the
the College.
the first part dealing with the Rules and Regulations of the
CCEK and the second part dealing with the Rules and
reads thus:
to be only a part of the CCEK. We take this view also for the
takes within its purview the staff of the engineering college run
Education arises only if the CCEK could afford the same, having
of the College a right to claim the scale of pay at par with the
Technical Education.
the affairs of the CCEK, its actions shall be fair, just and
But, that does not mean that the State is legally obliged to
State has any obligation to treat the petitioners at par with the
Government for not treating the CCEK at par with other similar
part of the CCEK and the same does not in any manner affect
dismissed.
Sd/-
Sd/-
C.S.SUDHA, JUDGE.
ds 26.08.2022
Writ Appeal No.564 of 2021 -: 19 :-
APPENDIX
RESPONDENT ANNEXURES
Annexure R1(a) G.O.(Rt)No. 724/2022/H.Edn. dated,
19.05.2022
Annexure R1(b) True copy of the 36th Executive
meeting of CCEK held on 06.08.2020
PETITIONER EXHIBITS
Exhibit P36. A TRUE COPY OF THE LETTER DATED 4-12-
2013 FORWARDED BY THE 4TH RESPONDENT
TO THE 3RD RESPONDENT.
Exhibit P37 A TRUE COPY OF THE LETTER DATED 27-11-
2013 FORWARDED BY THE 4TH RESPONDENT
TO THE 3RD RESPONDENT
Exhibit P38 A TRUE COPY OF THE LETTER DATED
4/3/2013 FORWARDED BY THE 4TH
RESPONDENT TO THE 3RD RESPONDENT
Exhibit P39 A TRUE COPY OF THE LETTER DATED 21-1-
2014 FORWARDED BY THE 4TH RESPONDENT
TO THE 3RD RESPONDENT
Exhibit P40 A FULL TEXT OF THE MINUTES OF 28TH
MEETING OF THE EXECUTIVE COMMITTEE OF
THE 3RD RESPONDENT ON 5-4-2014
Exhibit P41 A TRUE COPY OF THE LETTER DATED 5-7-
2014 FORWARDED BY THE ADMINISTRATIVE
OFFICER OF THE 4TH RESPONDENT TO THE
3RD RESPONDENT
Exhibit P42 A TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION AND RULES AND REGULATIONS
FOR THE 3RD RESPONDENT CENTRE FOR
CONTINUING EDUCATION KERALA,
Exhibit P43 A TRUE COPY OF THE LETTER DATED 22-12-
2020 FORWARDED FROM THE 4TH RESPONDENT
TO THE 3RD RESPONDENT
Exhibit P44 A TRUE COPY OF THE GOVERNMENT ORDER
DATED 9-12-2014 ISSUED BY THE 1ST
RESPONDENT EXTENDING THE BENEFIT OF
9TH PAY REVISION TO THE EMPLOYEES OF
THE IHRD AND INSTITUTIONS.
Exhibit P45 A TRUE COPY OF THE CIRCULAR DATED 17-
12-2014 ISSUED BY THE INSTITUTE OF
HUMAN RESOURCES DEVELOPMENT
Writ Appeal No.564 of 2021 -: 20 :-