DR CIZA THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, Dr. Ciza Thomas, retired from the Government Engineering College as a Principal on 31/03/2023. This appears to be a third round of litigation for her, solely because she had assumed the office of Vice Chancellor of A.P.J. Abdul Kalam Technological University, as per an order of the Chancellor, the then Governor of Kerala, dtd. 03/11/2022. That was a temporary appointment made by the Chancellor, invoking Sec. 13(7) of the A.P.J. Abdul Kalam Technological University Act, 2015, pending a regular appointment.

(2.) Immediately on retirement, Dr. Ciza Thomas was proceeded for disciplinary action alleging that she violated the Government Service Conduct contemplated under Rule 48 of the Government Servants Conduct Rules, 1960, by assuming the office of the Vice Chancellor as per the order of the Tribunal. Dr. Ciza Thomas again approached the Tribunal in O.A. No. 435/2023. The Tribunal, by an interim order dtd. 17/03/2023 in O.A. No. 435/2023, directed Dr. Ciza Thomas to respond to the show cause notice dtd. 10/03/2023. The Tribunal, by its order dtd. 30/03/2023, disposed of the above Original Application without interfering with the show cause notice. Dr. Ciza Thomas again approached this Court by filing O.P. (KAT) No. 170/2023, challenging the order of the Tribunal in O.A. No. 435/2023 dtd. 30/03/2023. A Division Bench (comprising one among us - Justice A. Muhamed Mustaque) by judgment dtd. 20/10/2023, set aside the show cause notice holding that it is illegal and unsustainable. It is appropriate to refer to paragraph 8 of the above judgment.

(3.) Even thereafter, Dr. Ciza Thomas was not paid her pensionary benefits. This was for the reason that the State appears to have filed a review petition against the dismissed SLP (Civil) Dairy No. 5101/2024.