Document
Document
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942
OP(KAT).No.133 OF 2019
PETITIONER/APPLICANT:
DR.SURESH K
AGED 46 YEARS, S/O. R. KAMAKSHY, PROFESSOR IN
ELECTRONICS AND COMMUNICATION ENGINEERING, GOVERNMENT
ENGINEERING COLLEGE, WAYANAD (NOW WORKING AT
GOVERNEMENT ENGINEERING COLLEGE, BARLTON HILL,
TRIVANDRUM), RESIDING AT TC41/18, MANAKAD P.O,
THIRUVANANTHAPURAM - 695 009
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
SMT.NITHYA SUGUNAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION
(G) DEPARTMENT , GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
3 THE PRINCIPAL
COLLEGE OF ENGINEERING, TRIVANDRUM - 695 016
4 THE PRINCIPAL
GOVERNMENT ENGINEERING COLLEGE, WAYANAD - 673 592
OTHER PRESENT:
OP(KAT).No.133 OF 2020
PETITIONER/3RD RESPONDENT:
DR.CIZA THOMAS
AGED 52 YEARS,D/O.M.C.THOMAS,
SENIOR JOINT DIRECTOR(ECS), DIRECTORATE OF
TECHNICAL EDUCATION,PADMAVILASAM STREET,FORT P.O.,
THIRUVANANTHAPURAM-695 023.
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS/APPLICANT/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
HIGHER EDUCATION (G) DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DR.BEENA V.I.,
AGED 55 YEARS, W/O.DR.N.H.ZEINUL HUKUMAN, WORKING
AS PROFESSOR IN COLLEGE OF ENGINEERING, KANNUR-670
563. RESIDING AT K.P.7/240A, EASWARAN THAMPI
NAGAR,KALLAYAM P.O., THIRUVANANTHAPURAM-695 043.
PRESENT
&
OP(KAT).No.135 OF 2020
PETITIONER/3RD RESPONDENT:
DR.RENJINI V.O.
AGED 51 YEARS, D/O. V.V ONEHY, PROFESSOR,
DEPARTMENT OF CHEMICAL ENGINEERING, GOVERNMENT
ENGINEERING COLLEGE, RAMAVARMAPURAM ENGINEERING
COLLEGE, THRISSUR 680 009 (UPON ORDERS OF PROMOTION
AS PRINCIPAL AND POSTING AT GOVERNMENT COLLEGE OF
ENGINEERING, KANNUR ROAD, WEST HILL, KOZHIKODE 673
005) KERALA RESIDING AT VADAKKEKARA HOUSE, PARATHOD
P.O, KARUVANNUR, THRISSUR 680 711
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS/PETITIONER/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, HIGHER
EDUCATION (G) DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
3 N. VIJAYAKUMAR,
AGED 50 YEARS, S/O. NARAYANAN V, RESIDING AT KNRA-
39, KAIRALI NAGAR, KURAVANKONAM, KOWDIAR P.O,
THIRUVANANTHAPURAM 695 003, WORKING AS PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE, PARASSINIKKADAVU-
MAYYIL ROAD, DHARMASALA, KANNUR, KERALA 670 563
OP (KAT) No.133/2019 & connected cases. -4-
PRESENT
&
OP(KAT).No.232 OF 2020
PETITIONERS:
1 DR.VIJAYANAND K.S
AGED 39 YEARS
S/O.K.B.KRISHNAKUMAR, ASSOCIATE PROFESSOR,
DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT
ENGINEERING COLLEGE, BARTON HILL,
THIRUVANANTHAPURAM, RESIDING AT PAZHAVOOR,
MARUTHADI, KAVANADU.P.O., KOLLAM-691003.
2 DR.SHAMNA.H.R.
AGED 38 YEARS
D/O.H.RAHIM, ASSOCIATE PROFESSOR, DEPARTMENT OF
INFORMATION TECHNOLOGY, GOVERNMENT ENGINEERING
COLLEGE, BARTON HILL, THIRUVANANTHAPURAM, RESIDING
AT AYILAM, KARAMVILA, NEYYATINKARA,
THIRUVANANTHAPURAM.
3 HARIPRIYA.A.P.
AGED 39 YEARS, D/O.R.ACHUTHAN NAIR, ASSOCIATE
PROFESSOR, DEPARTMENT OF INFORMATION TECHNOLOGY,
GOVERNMENT ENGINEERING COLLEGE, BARTON HILL,
THIRUVANANTHAPURAM, RESIDING AT P.R.A. 59,
VADAKKEVEEDU, PUTHUPPALLY LANE, MEDICAL
COLLEGE.P.O., THIRUVANANTHAPURAM-695011.
4 MANJU.R.
AGED 39 YEARS, D/O.A.V.RAJAN, ASSOCIATE PROFESSOR,
DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT
ENGINEERING COLLEGE, IDUKKI, RESIDING AT KRSNA,
V.R.A. A-22, T.C.27/1806, VANCHIYOOR.P.O.,
THIRUVANANTHAPURAM-695035.
OP (KAT) No.133/2019 & connected cases. -6-
5 SANGEETHA JOSE
AGED 41 YEARS, D/O.JOSE, ASSOCIATE PROFESSOR,
DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT
ENGINEERING COLLEGE, IDUKKI, RESIDING AT
MANIANGATTU, KALLOORKULAM.P.O., KOTTAYAM-686503.
6 DR.LAKSHMI J.MOHAN
AGED 38 YEARS
D/O.P.C.MOHANDAS, ASSOCIATE PROFESSOR, DEPARTMENT
OF INFORMATION TECHNOLOGY, GOVERNMENT ENGINEERING
COLLEGE, IDUKKI, RESIDING AT JALAJAM,
T.C.20/1193(1), VRA 78, KARAMANA.P.O.,
THIRUVANANTHAPURAM-695002.
7 VIGILKUMAR.V.V.
AGED 38 YEARS
S/O.G.VIJAYADAS, ASSOCIATE PROFESSOR, DEPARTMENT OF
INFORMATION TECHNOLOGY, GOVERNMENT ENGINEERING
COLLEGE, IDUKKI, RESIDING AT VIGIL BHAVAN,
PUTHENKADA, THIRUPURAM.P.O.,
THIRUVANANTHAPURAM-695133.
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.JOHNSON GOMEZ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
3 REMESH BABU.K.R.,
AGED 44 YEARS, S/O.B.RAMANAN, ASSOCIATE PROFESSOR,
DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT
ENGINEERING COLLEGE, PALAKKAD-678633 RESIDING AT
SREERAMA NILAYAM, EROOR (W), THRIPUNITHURA,
ERNAKULAM-682306.
4 SANGEETHA.U.,
AGED 44 YEARS, D/O.K.KUNNIKRISHNAN, ASSOCIATE
PROFESSOR, DEPARTMENT OF INFORMATION TECHNOLOGY,
GOVERNMENT ENGINEERING COLLEGE, PALAKKAD-678633,
RESIDING AT ANANTHAKRIPA, MYTHRI NAGAR, BLOCK B -
22, VALIYAVILA, THIRUMALA,
THIRUVANANTHAPURAM-695006.
OP (KAT) No.133/2019 & connected cases. -7-
PRESENT
&
OP(KAT).No.236 OF 2020
1 SABU P.
AGED 46 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF
CIVIL ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
2 DR. JEENU G,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
3 DR. DEEPARAJ S,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
4 SIVAKUMAR S,
ASSISTANT PROFESSOR,RAJIV GANDHI INSTITUTE OF
TECHNOLOGY, KOTTAYAM 686 560, RESIDING AT KAILAS,
EKRA-64, KARIYAM, POWDIKONAM P.O,
THIRUVANANTHAPURAM, KERALA 695 588
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
OP (KAT) No.133/2019 & connected cases. -9-
1 BINDHU K.R.,
AGED 51 YEARS, W/O.S REEKUMAR M, RESIDING AT
GOKULAM, AMBADI NAGAR LANE II (B) SREEKARYAM P.O,
THIRUVANANTHAPURAM 695 017
WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM, (UPON ORDERS OF REVERSION AS
ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING)
THIRUVANANTHAPURAM, KERALA 695 016
2 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
KERALA 695 001
5 DR. THULASEEDHARAN V,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
6 SHIBU K,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
8 DR. SWARNALATHA K,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM 695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING),
THIRUVANANTHAPURAM, KERALA 695 016.
9 THE PRINCIPAL,
COLLEGE OF ENGINEERING, SREEKARYAM,
KULATHOOR ROAD P.O, SREEKARIYAM,
THIRUVANANTHAPURAM, KERALA 695 016
PRESENT
&
OP(KAT).No.239 OF 2020
PETITIONERS/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPREENTED BY ITS PRINCIPAL SECRETARY, HIGHER
EDUCATION (G) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
1 DR.SUMAN K.S
W/O. DR. N. SAJIKUMAR, ASSOCIATE PROFESSOR IN CIVIL
ENGINEERING, GOVERNMENT ENGINEERING COLLEGE,
THRISSUR 680 009
RESIDING AT MILITHAM, VIYYUR, THRISSUR
R1 BY ADV. SRI.P.NANDAKUMAR
R1 BY ADV. SRI.S.ANEESH
R2 BY ADV. SRI.SAJITH KUMAR V.
PRESENT
&
OP(KAT).No.250 OF 2020
PETITIONER/RESPONDENT:
STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER
EDUCATION (G) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
1 DR.BINDU KUMAR K
PROFESSOR IN MECHANICAL ENGINEERING (UNDER ORDERS
OF REVERSION TO THE POST OF ASSOCIATE PROFESSOR),
GOVERNMENT ENGINEERING COLLEGE, IDUKKI 685 603,
RESIDING AT GAYAM, TC 7/591(1), MRA-T 16,
KUZHIVILLA, CHENNESERY LANE, MARUTHANKUZHY,
KANJIRAMPARA P.O. THIRUVANANTHAPURAM 695 030.
2 SUNEESH S.S.,
PROFESSOR IN MECHANICAL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
SREEKRISHNAPURAM, PALAKKAD 679 513.
PETITIONERS/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA-695 001
1 DR.N.VIJAYAKUMAR
S/O NARAYANAN V, RESIDING AT KNRA-39, KAIRALI
NAGAR, KURAVANKONAM, KOWDIAR
P.O.THIRUVANANTHAPURAM-695 003, WORKING AS
PRINCIPAL GOVERNMENT, ENGINEERING COLLEGE,
PARASSINIKKADAVU-MAYYIL ROAD, DHARMASALA, KANNUR,
KERALA-670 563, (UPON ORDERS OF REVERSION AS
PROFESSOR , GOVERNMENT ENGINEERING COLLEGE, KANNUR
ROAD, WEST HILL, KOZHIKODE-673 005, KERALA
R1 BY ADV. SRI.K.SASIKUMAR
R1 BY ADV. SRI.S.ARAVIND
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 25-11-2020, ALONG WITH OP(KAT).133/2019 AND CONNECTED
CASES, THE COURT ON 03-12-2020 DELIVERED THE FOLLOWING:
OP (KAT) No.133/2019 & connected cases. -14-
PRESENT
&
OP(KAT).No.260 OF 2020
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
1 BINDHU K.R
W/O.SREEKUMAR.M., RESIDING AT GOKULAM, AMBADI NAGAR
LANE II(B), SREEKARYAM P.O.,
THIRUVANANTHAPURAM-695 017, WORKING AS ASSOCIATE
PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING, COLLEGE
OF ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016.
(UPON ORDERS OF REVERSION AS ASSISTANT PROFESSOR,
COLLEGE OF ENGINEERING), THIRUVANANTHAPURAM,
KERALA-695 016.
2 SMT.AJITHA.A.R.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
OP (KAT) No.133/2019 & connected cases. -15-
3 DR.THULASEEDHARAN.V.
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
4 SRI.SHIBU.K.
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
5 SRI.SABU.P.
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
6 DR.JEENU.G.
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
8 DR.SWARNALATHA.K.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
9 DR.DEEPARAJ.S.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, THIRUVANANTHAPURAM, KERALA-695 016
(UPON ORDERS OF PROMOTION AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
THIRUVANANTHAPURAM-695 016, KERALA.
OP (KAT) No.133/2019 & connected cases. -16-
10 SIVAKUMAR.S.,
ASSOCIATE PROFESSOR, RAJIV GANDHI INSTITUTE OF
TECHNOLOGY, KOTTAYAM-686 560, RESIDING AT KAILAS,
EKRA-94, KARIYAM, POWDIKONAM P.O.,
THIRUVANANTHAPURAM-695 588.
PRESENT
&
OP(KAT).No.271 OF 2020
PETITIONERS/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA.
RESPONDENTS/APPLICANTS:
2 SANGEETHA U
D/O. K. UNNIKRISHNAN, ASSOCIATE PROFESSOR IN
INFORMATION TECHNOLOGY, GOVERNMENT ENGINEERING
COLLEGE, PALAKKAD-678 633, RESIDING AT
ANANTHAKRIPA, MYTHRI NAGAR, BLOCK B-22,
VALIYAVILA, THIRUMALA,
THIRUVANANTHAPURAM-695 006, KERALA.
PRESENT
&
OP(KAT).No.309 OF 2020
PETITIONERS/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
1 DR.UNNIKRISHNAN.N,
S/O.SRI.S.NARAYANAN NAIR, PROFESSOR IN CIVIL
ENGINEERING, GOVERNMENT ENGINEERING COLLEGE,
THRISSUR-680009, RESIDING AT T.C.13/54(1), ARA 32,
KAUSTHUBHAM, ANJALI NAGAR, PALLIMUKKU, PETTAH P.O.,
THIRUVANANTHAPURAM, KERALA-695024.
2 DR.A.PRAVEEN,
S/O.A.S.RAGHAVAN, PROFESSOR (N/O) IN CIVIL
ENGINEERING, FORMERLY DEPARTMENT OF CIVIL
ENGINEERING, RAJIV GANDHI INSTITUTE OF TECHNOLOGY,
RIT JUNCTION, VELLOOR P.O., PAMPADY, KOTTAYAM-
686501, RESIDING AT APARTMENT E-3, DEZIRE NEST
KALATHIPADY, KOTTAYAM-686010, (IMPLEADED AS PER
ORDER DATED 29.03.2019 IN MA NO.719/19 IN
O.A.NO.549/19), KERALA.
R1 BY ADV. SRI.S.RADHAKRISHNAN
R1 BY ADV. SRI.S.RAJ MOHAN
OP (KAT) No.133/2019 & connected cases. -20-
R1 BY ADV. SMT.R.ANJALI
R1 BY ADV. SRI.ADITYA THEJUS KRISHNAN
R2 BY ADV. SMT.S.KARTHIKA
R2 BY ADV. SMT.K.MEERA
R2 BY ADV. SMT.PREETHY KARUNAKARAN
PRESENT
&
OP(KAT).No.347 OF 2020
PETITIONER/5TH RESPONDENT:
SHIBU .K
AGED 26 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
BY ADV. SRI.M.P.PRAKASH
1 BINDHU K.R
W/O. SREEKUMAR.M., ASSISTANT PROFESSOR, DEPARTMENT
OF CIVIL ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016 RESIDING AT GOKULAM,
AMBADI LANE II (B), SREEKARYAM P.O.,
THIRUVANANTHAPURAM-695 016
2 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 N001
5 DR.THULASEEDHARAN.V.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
6 SABU.P.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
7 DR.JEENU.G.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
8 DR.BINU MATHEW,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
9 DR.SWARNALATHA.K.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
10 DR.DEEPARAJ.S.,
ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL
ENGINEERING, COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM-695 016
11 PRINCIPAL,
COLLEGE OF ENGINEERING,
SREEKARYAM,THIRUVANANTHAPURAM-695 016
12 SIVAKUMAR.S.,
ASSOCIATE PROFESSOR, RAJIV GANDHI INSTITUTE OF
TECHNOLOGY, KOTTAYAM-695 588
'C.R.'
JUDGMENT
Gopinath, J:
Colleges in the State of Kerala. These posts are those borne on a service
known as the Kerala Technical Education Service and are governed by the
Special Rules for the Kerala Technical Education Service issued as per G.O
State Rules’).
and provisions of the Act and Regulations etc., made under the said Act
The scheme formulated by the AICTE for revision of pay scale and
27-03-1990, the Special Rules for the Kerala Technical Education Service
Professor, the amended Rules prescribed that these posts shall be filled by
1 2 3 4 5
1 Principal Appointment by open selection (1) Ph.D. Degree in Engineering with 1 st
through the Staff Selection class degree at Bachelor's or Master's level
Committee constituted by State in Engineering/Technology
Government in accordance with
the stipulations of the All India
Council for Technical Education
(ii) 15 years' experience in
teaching/Industry/Research out of which 5
years' must be at the level of Professor or
above in Engineering/Technology.
Note:- In all the qualifications noted above, wherever the term I class appears, it
means I class with a minimum of 60% aggregate marks”.
It can be seen from the above that the qualification of Ph.D was mandatory
situations where the candidates in question were covered under the note
concerned with the contents of the note for the purposes of this case.
Assistant Professor Ph.D. Degree with first class Degree at Candidates from
Bachelor's OR Master's level in the Industry/Profession with First Class
appropriate branch of Bachelor's Degree/First Class
Engineering/Technology with 3 years' Master's degree in the appropriate
experience in branch of Engineering/Technology
Teaching/Industry/Research at the level and Professional work which is
OP (KAT) No.133/2019 & connected cases. -27-
Desirable: Administrative
Experience in a responsible position.
should obtain Ph.D within a period of 7 years from the date of appointment
as Assistant Professor. It must be noticed that for those with Ph.D the
incorporating two provisions as Rules 6A (1) and 6A (2). Rules 6A (1) & (2)
read as follows: -
before this Court. This Court through judgment dated 06-10-2009 in W.P
(C) No.4468/2005 and connected cases declared the entirety of Rules 6A(i)
& (ii) to be invalid and contrary to the provisions of the AICTE Regulations
and thus illegal and inoperative. It must be noted that the notification
OP (KAT) No.133/2019 & connected cases. -29-
dated 18-2-2003 of the AICTE referred to above was not placed for
of the learned single judge filed intra Court appeals under Section 5 of the
the “Pay Scales, Service Conditions and Qualifications For The Teachers
Regulations of 2010.
In case of research
experience, good academic
record and books/ research
paper publications/IPR/
patents record shall be
required as deemed fit by
the expert members of the
selection committee.
If the experience in
industry is considered, the
same shall be at managerial
level equivalent to
Associate Professor with
active participation record
in devising/ designing,
planning, executing,
analyzing, quality control,
innovating, training,
technical books/ research
paper publications / IPR/
patents, etc., as deemed fit
by the expert members of
the Selection committee.
In case of Architecture,
Professional Practice of 10
years as certified by the
Council of Architecture
shall also be considered
valid.
Principal / Director Qualifications as above Minimum of 10 years
that is for the post of experience in teaching /
Professor, as applicable Research / Industry out of
which at least 3 years shall
Post PhD publications and be at the level of Professor
guiding PhD students is or
highly desirable Minimum of 13 years
experience in teaching and/
or Research and/or
Industry In case of research
experience, good academic
record and books / research
paper publications / IPR /
patents record shall be
required as deemed fit by
the expert members of the
Selection committee.
If the experience in
industry is considered, the
same shall be at managerial
level equivalent to
Professor level with active
participation record in
OP (KAT) No.133/2019 & connected cases. -31-
devising/designing,
developing, planning,
executing, analyzing,
quality control, innovating,
training, technical books /
research paper publications
/ IPR / patents, etc. as
deemed fit by the expert
members of the Selection
committee. Flair for
Management and
Leadership is essential.
In case of Architecture,
Professional Practice of 10
years as certified by the
Council of Architecture
shall also be considered
valid.
affirmation of the view taken by the Single Judge (See judgment dated 16-
12-2013 in W.A.Nos.2706, 2708, 2722, 2724 and 2772 of 2009, 692, 956
and 980 of 2012). The Division Bench also was not made aware of the
Court considered the cases concerning Rule 6A (i) and Rule 6A (ii)
No.4604/2016 held that Rule 6A (ii) was not invalid in the light of the
AICTE had clarified that those who were promoted as Associate Professor
would only lose increments if they fail to acquire Ph.D within 7 years of
acquire Ph.D within the time stipulated would not result in the
notification was not in force when this Court had decided the matter)
issued by the AICTE makes it clear that those promoted as professors prior
to that date were not required to possess the qualification of Ph.D. The
that this prescription was not to affect those who are already designated as
Professor. The Supreme Court did not, as in the case of Rule 6A (ii) hold
that Rule 6A (i) was valid but only granted protection to the appellants
before the Supreme Court by holding that since they had been promoted as
OP (KAT) No.133/2019 & connected cases. -33-
Professors prior to 05-03-2010 they were also entitled to the benefit of the
Principals. It must be noted that at this time the judgment that held the
field was the judgment of this court holding that the provisions of Rule 6A
of the Supreme Court, this court, orders of the Tribunal the AICTE norms
and the Special Rules. It is also further ordered that all promotions effected
from 2008 till the date of order of the Tribunal (14-11-2017) shall be
was also directed that reversions will also be kept in abeyance till final
Principals on the premise that the Supreme Court of India has upheld the
Rule 6A(i) & (ii). This order came to be challenged before the Tribunal
found that the statement in the order dated 07-03-2019 that Rule 10 (ab) of
Part II of KS& SSR would not apply to the selection is completely fallacious.
It found that the Government ignored the directions issued by the Tribunal
completely wrong. It also found that the Government had quite illegally
following and complying with the AICTE Regulations, the Supreme Court
judgments, the High Court judgments and the orders passed by the
Krishnamoorthi, Sri. M.P. Prakash and Sri. Antony Mukkath (for the
Government of Kerala).
have been embroiled in litigations pending before the Tribunal, this Court
the KS&SSR by issuing orders without understanding the scope and intent
of the judgments rendered by the Tribunal and the Supreme Court. The
OP (KAT) No.133/2019 & connected cases. -36-
illogical and against the law and the directions issued by the Tribunal in
O.A 1778/2014.
consideration: -
(iii) till what date was the benefit of the notification dated 18-2-2003
granting 7 years’ time from the date of appointment/promotion as
Associate Professor to acquire Ph.D available and what exactly is
the effect of the clarification issued by the AICTE on 4-01-2016 that
those who did not acquire Ph.D would only lose increments if they
fail to acquire Ph.D within 7 years of appointment/promotion as
associate Professor especially in the light of the judgment of the
Supreme Court in Civil Appeal No.4604/2016 and connected cases?
(iv) what is the scope and effect of Rule 10(ab) and Rule 28(b)(iA) of
Part-II of the KS&SSR and how are those Rules to be applied in the
facts of these cases? And
(v) what are the stipulations in the Career Advancement Scheme of
the AICTE ?
OP (KAT) No.133/2019 & connected cases. -37-
Re.Issue (i)
law that the All India Council for Technical Education can in exercise of the
power under the provisions of the AICTE Act, regulate the qualifications,
Section 10 under Chapter III of the Act deals with the powers and functions
of the AICTE. Under Section10(1) of the AICTE Act “It shall be the duty of
the Council to take all such steps as it may think fit for ensuring
its functions under this Act; ….................... (i) lay down norms and
53. The aforesaid judgment makes it clear that to the extent the
State legislation is in conflict with the Central
legislation including subordinate legislation made by the Central
legislation under Entry 25 of the Concurrent List shall be
repugnant to the Central legislation and would be inoperative.”
others, (2005) 5 SCC 420 and to the Full Bench Judgment of this Court
15. In the light of the above, there cannot be even an iota of doubt
that the Rules framed by the State under Article 309 of the Constitution
read with the provisions of the Kerala Public Services Act, 1968 will be
method of appointment etc. and the Rules framed by the State would, to
inoperative.
OP (KAT) No.133/2019 & connected cases. -40-
Re.Issue (ii)
Appeal No.4604/2016 held that Rule 6A (ii) was not invalid in the light of
is concerned, the Supreme Court did not find that the Rule was valid. The
the AICTE makes it clear that those promoted as professors prior to 5-3-
noticed from 5-3-2010 Ph.D was clearly mandatory for the posts of
17. In the light of the above and in the light of our finding that the
State Rules cannot operate against the stipulations of the AICTE, it is clear
that Rule 6A (ii) has no application beyond 5-3-2010. Rule 6A (ii) was
the declaration of this Court finds that Rule to be contrary to the AICTE
regulations was not disturbed by the Supreme Court. However, in the light
of the finding of the Supreme Court that the notification dated 5-03-2010
issued by the AICTE makes it clear that those promoted as professors prior
promoted as such. We also hold that neither Rule 6A(i) nor Rule 6A(2)
Re.Issue (iii)
19. Our finding on issue No.2 effectively answers this issue also.
However, in the light of the fact that the Supreme Court has in its judgment
Civil Appeal No.4604/2016 held that Rule 6A (ii) was not invalid in the
account of the fact that the Supreme Court also considered the effect of the
and answer format) where it was clarified that those who were promoted as
to acquire Ph.D) would only lose increments if they fail to acquire Ph.D
necessary to consider this issue. In the light of our finding that the
and 5-3-2010.
Re.Issue (iv)
Our reading of Rule 10(ab) suggests to us that the dispute regarding the
applicability of the aforesaid Rule will, in the facts of the present cases,
Professor) and that too only for the period between 18-2-2003 and 5-3-
2010 when the exemption contained in the AICTE notification to the effect
that Ph.D need be obtained only within a period of 7 years from the date of
associate Professor) was in operation. Rule 10(ab) provides that where the
experience in the lower post, the experience must be one gained after
OP (KAT) No.133/2019 & connected cases. -43-
as Professor can count their experience from the date of their original
the State Rules which was found to be valid by the Supreme Court, the
associate Professor) before 5-3-2010 can count experience from the date of
their original promotion though they did not have Ph.D on the date of such
apply only in the absence of anything contrary in the special Rules. Rule 2
Here both the AICTE notification of 18-2-2003 (which will apply even in
the absence of a similar stipulation in the special Rules for the Kerala
as Associate Professor) with the rider that they should obtain Ph.D within a
period of 7 years from the date of the promotion. Further, in the light of the
of the AICTE (issued in question and answer format) that those promoted
only lose increments if they failed to obtain Ph.D within a period of 7 years
Basheer A (Dr.) v. Dr. Saiful Islam A & ors; 2014(4) KLT 521 and
KLT 335 were cases which were completely different on facts. The benefit
the facts of those cases. The law laid down in those cases is unexceptionable
OP (KAT) No.133/2019 & connected cases. -45-
but we are afraid that it does not apply here. Therefore we hold that the
associate Professor) before 5-3-2010 can count experience from the date of
their original promotion though they did not have Ph.D on the date of such
promotion.
which we have already noticed and referred to, the posts of Principals,
Re.Issue (iv)
residency. Since the issue has not been agitated before the Tribunal, we do
with the provisions of the Kerala Public Services Act, 1968 will
Assistant Professor);
KS&SSR;
Ph.D and will also be entitled to count their service from the
insisted upon.
directed as follows;
While issuing the final order in O.A Nos.500/2019 and connected cases,
which are under challenge in this batch of original petitions held as follows;
Tribunal.
OP (KAT) No.133/2019 & connected cases. -52-
25. The State Government and its officers will do well to comply
with the directions issued hereinabove in letter and spirit. Considering the
fact that the issues considered in this judgment have been embroiled in
litigation for very many years, the exercise of reviewing any provisional
copy of this judgment. Till such time as the exercise is completed status
(Sd/-)
A. M. SHAFFIQUE
Judge
(Sd/-)
GOPINATH P.
Judge
AMG
OP (KAT) No.133/2019 & connected cases. -53-
ANNEXURE (A4) TRUE COPY OF THE CIVIL APPEAL NO. 4502 OF 2016
ORDER DATED 28.04.2016.
ANNEXURE (A5) TRUE COPY OF THE SAID INTERIM ORDER IN C.P.C NO.
189 OF 2015 IN O.A. NO. 1669/2015 DATED
03.02.2016 ISSUED BY HONBLE TRIBUNAL.
ANNEXURE (A12) TRUE COPY OF THE G.O. (MS) NO. 65/2019/HEDN DATED
07.03.2019, THIRUVANANTHAPURAM.
ANNEXURE (A13) TRUE COPY OF THE INTERIM ORDER DATED 8TH MARCH
2019 IN OA 1982/2018.
OP (KAT) No.133/2019 & connected cases. -63-
ANNEXURE A15 A TRUE COPY OF THE RTI REPLY OBTAINED FROM ADVOCATE
GENERAL OFFICE DATED 04.12.2018.
ANNEXURE A16 A TRUE COPY OF THE RTI REPLY OBTAINED FROM HIGHER
EDUCATION DEPARTMENT DATED 11.02.2019.
ANNEXURE A19 TRUE COPY OF THE CIVIL APPEAL NO. 4604 OF 2016
ORDER DATED 26.04.2016 ISSUED BY THE HONBLE APEX
COURT.
ANNEXURE-A7 TRUE COPY OF THE AGENDA NOTE FOR THE 42ND MEETING
OF THE EXECUTIVE COMMITTEE OF AICTE DATED
11.10.2002