High Court Kerala High Court

Saju.P.Jacob vs Mahatma Gandhi University on 29 June, 2009

Kerala High Court
Saju.P.Jacob vs Mahatma Gandhi University on 29 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6628 of 2009(W)


1. SAJU.P.JACOB, PEON, M.G.UNIVERSITY
                      ...  Petitioner
2. NARAYANAN NAMBOOTHIRI.K, PEON,
3. MYMOON BEEVI.M.S., PEON,
4. KARTHIKEYAN.V, PEON, SCHOOL OF

                        Vs



1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
                       ...       Respondent

2. THE VICE CHANCELLOR, MAHATMA GANDHI

                For Petitioner  :SRI.S.P.ARAVINDAKSHAN PILLAY

                For Respondent  :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :29/06/2009

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                   W.P.(C) No.6628 OF 2009
               ---------------------------------------
            Dated this the 29th day of June, 2009.


                          J U D G M E N T

The petitioners are working as Class IV employees under

the 1st respondent-University namely, in the category of Peons.

They are claiming promotion as Clerical Assistants. Earlier by

Exhibit P2 judgment, this Court directed that the claims of the

persons like the petitioners will be considered in accordance with

the qualifications so prescribed in the existing and ensuing

vacancies to the post of Clerical Assistants. The said judgment

has become final. Thereafter, the petitioners have approached

this Court by filing this writ petition complaining that no positive

action is being taken by the University to comply with the

directions in the judgment. They had in the meanwhile filed

Exhibits P3 and P4 representations also.

2. This Court, on 24.03.2009, passed the following interim

order:

“Heard both sides. If Ext.P2 judgment of this

court has not been varied or set aside, the

W.P.(C) No.6628/2009 2

respondents shall comply with the directions issued

therein in the matter of effecting promotions to the

category of clerical assistants. Respondents shall

also fill up the existing vacancies of clerical

assistants, on the terms of Ext.P2 judgment. Orders

in that regard shall be passed within two months

from today”.

Thereafter an affidavit has been filed on behalf of the

respondents seeking for extension of time in the matter. Later

by order dated 11.06.2009, sanction has been accorded by the

Vice-Chancellor to implement the decision contained in the

judgment forthwith and to effect promotions to the category of

Clerical Assistants from among Class IV employees who have

passed SSLC or equivalent qualifications as prescribed in the

Ordinance. A copy of the said orders was placed before me for

perusal by the Standing Counsel.

In that view of the matter, directions issued by this Court in

Exhibit P2 have been complied with. It is stated by the learned

standing counsel for the University that in the vacancies which

may arise, the claim of the petitioners also will be considered in

W.P.(C) No.6628/2009 3

accordance with their qualifications, and appropriate action will

be taken in the matter expeditiously. Recording the same, this

writ petition is disposed of.

T.R. RAMACHANDRAN NAIR
JUDGE

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