IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26253 of 2008(A)
1. DR.C.P.RAJENDRAN,SCIENTIST E-II
... Petitioner
Vs
1. CENTRE FOR EARTH SCIENCE STUDIES
... Respondent
2. THE DIRECTOR
3. THE KERALA STATE COUNCIL FOR SCIENCE
4. THE EXECUTIVE VICE PRESIDENT,
For Petitioner :SRI.M.R.RAJESH
For Respondent :SRI.P.A.AHAMED, SC, K.S.C.T.E
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :31/01/2011
O R D E R
S.SIRI JAGAN, J
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W.P(C).No. 26253 of 2008
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Dated this the 31st day of January, 2011
JUDGMENT
Petitioner is a Scientist in the first respondent-organisation. He
was awarded the prestigious ‘Ramanujam Fellowship’ by the Indian
Institute of Science, Bangalore. He applied for leave for taking up the
said assignment. Leave was not granted. It is under the above
circumstances, the petitioner has filed this Writ Petition seeking the
following reliefs:
“i) issue a writ in the nature of certiorari or any other
appropriate writ, direction or order calloing for
othe records leading to the decision contained in
the letter No.1736/C2/08/KSCSTE dated 18.8.2008
of the 3rd respondent referred to as No.4 in Ext.P2
and Ext.P2 and quash the same;
ii) issue a writ in the nature of mandamus or any
other appropriate writ, direction or order
commanding the Respondents 3 and 4 to
reconsider the request of the petitioner for leave
as early as possible, within a time frame to be
fixed by this Hon’ble Court; and
iii) issue such other appropriate direction or order as
the case may be.”
WP(C).26253/08 2
2. On 3.10.2008 this Court passed the following interim order:
“Admit. Advocate Sri.E.K.Madhavan takes notice
for respondents 1 and 2. Advocate Sri.P.A.Ahamed
takes notice for respondents 3 and 4. Heard the learned
counsel appearing for the petitioner and the learned
counsel appearing for the respondents. There will be an
interim order directing the respondents to grant the
petitioner study leave for a period of one year from the
date of sanction as to enable him to do research work in
the Indian Institute of Science, Bangalore pursuant to
the award of Ramanujam Fellowship instituted by the
Government of India. This shall be done within two
weeks from today.”
Again this Court passed an interim order on 25.6.2009, which reads
as follows:
“Heard learned counsel appearing on both sides.
Though the 3rd respondent vehemently opposes the
grant of the relief prayed for in this application, on going
through Ext.P12 and the stipulations in the rules referred
to therein, I am prima facie satisfied that the
respondents are bound to conduct an assessment of the
petitioner for assessment promotion for the period 2003-
2008. There will accordingly be, an interim order
directing the respondents to assess the petitioner if he
presents himself at this own expense tomorrow before
the Assessment Committee constituted by the first
respondent. It is clarified that even if the petitioner is
found eligible for promotion after assessment by the
committee, orders giving promotion to him need not be
WP(C).26253/08 3
issued until further orders. The respondents shall after
the assessment is conducted file an affidavit in this
Court as regards the decision taken by the Assessment
Committee.”
Still further another interim order was passed by this Court on
25.8.2009, which reads as follows:
“Heard the learned counsel appearing on both
sides. While admitting this case on 03.10.2008, this
Court had passed an interim order directing the
respondents to grant the petitioner study leave for a
period of one year from the date of sanction in order to
enable him to do research work in the Indian Institute of
Science, Bangalore, pursuant to the award of
Ramanujam Fellowhsip instituted by the Government of
India. As directed by this Court, the petitioner was
granted leave without allowances for a period of one
year. The said period of leave expires on 01.09.2009. A
prestigious fellowship has been awarded to the
petitioner, which the respondents should be proud to
proclaim from the roof top. However, the third
respondent is determined to ensure that the petitioner is
not in a position to take up the research work. The
stand adopted by the third respondent would, in my
opinion, defeat the very purpose for which the Council
was created. I am therefore satisfied that the leave
sanctioned to the petitioner requires to be extended by
a further period of one year.
I accordingly direct the competent authority
among the respondents to sanction to the petitioner
leave without allowances for a further period of one year
WP(C).26253/08 4
from 01.09.2009. Necessary orders in that regard shall
be issued expeditiously and in any event before
01.09.2009.”
I passed an order dated 16.9.2010 as follows:
“The learned counsel for the 2nd respondent
produces before me the result of the Assessment held
on 26th June 2009 for Assessment promotion of the
petitioner, as directed in I.A. No.7302/2009 by order
dated 25.06.2009, which reads as follows:
“In compliance with the
decision of the Hon’ble High Court in
I.A. No.7302 of 2009 in W.P.(C)
No.26253 of 2008, Dr. C.P.Rajendran,
Scientist-E 2 was assessed by the
Assessment Committee on
26.06.2009. The Committee found
him suitable for promotion to the next
higher grade of Scientist-F with effect
from 01.11.2003.”
This is recorded.”
3. Today an order dated 28.1.2011 has been produced before
me by the counsel for the 1st respondent whereby the petitioner was
granted further leave without allowance for one more year with
effect from 1.9.2010. Learned counsel for the petitioner submits that
if the leave as granted as per interim orders of this Court and by
order dated 28.1.2011 is confirmed, the petitioner would be
satisfied.
Accordingly, the Writ Petition is closed with a direction to the
respondents to regularise all the leave granted to the petitioner up
WP(C).26253/08 5
to 31.8.2011 pursuant to the interim orders of this Court and order
dated 28.1.2011. The petitioner’s assessment promotion shall also
be regularised in accordance with the assessment held on
26.6.2009, which has been recorded by order dated 16.9.2010.
S.SIRI JAGAN, JUDGE
vgs