M. SHERIF Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner, who was appointed as Senior Director (Administration/affiliation) of APJ Abdul Kalam Technological University (Rs. University' for short), has filed this writ petition aggrieved by the orders Exts. P12 and P13 issued by the Government and the University respectively.

(2.) Immediately after the constitution of the University, in the year 2015, the Vice Chancellor submitted a proposal for sanctioning of posts for the University, as per his letters dated 11.3.2015 and 29.09.2015. Based on that Government issued Ext. P1 order on 1.1.2016 according sanction for creation of posts in 16 categories in the University campus and 15 categories for the University Headquarters, along the qualification, method of appointment, scale of pay as well as the number of posts in each of categories. Sl. No. 10 among the categories of posts sanctioned for University Headquarters is 'Senior Director (Administration/Affiliation)'. Number of post sanctioned in the category of Senior Director (Administration/affiliation) was one; the qualifications prescribed are : 2 years' experience in the rank of and above that of Additional Secretary in Higher Education Department; the method of appointment is : direct appointment from qualified persons; scale of pay is : Rs. 48640-59840 plus Rs. 1000 special pay; the pay and allowances, retirement age and pensionary benefits of the employees from the University/Department who were appointed in the University through deputation/option are similar to that of their parent Universities/Departments; retirement age and pensionary benefits of those officers appointed by selection through direct recruitment were to be governed by G.O(P) No. 469 of 2014/Fin. dated 31.10.2014. The 5th Executive Committee meeting of the University held on 23.1.2016 authorised the Vice Chancellor to constitute the Committee for selection of Senior Director (Administration and Affiliation) and Director (Finance)/Audit/Accounts) by incorporating additional member from executive committee. The Vice Chancellor, the Pro Vice Chancellor, Principal Secretary, Higher Education Department, Director of Technical Education, Registrar of the University and 4 others including the petitioner were present in the meeting. Petitioner who was an additional secretary of Higher Education Department was a special invitee of the said Executive Committee. Thereafter, the General Administration (Special-B) Department issued a circular Ext. P-3 on 22.1.2016 calling for willingness from the officers of and above the rank of Additional Secretary to Government in the Administrative Secretariat who have 2 years experience in Higher Education Department in Government Secretariat, for being considered for appointment as Senior Director (Administration/Affiliation) in the University in writing in that department within a week. By Ext. P-4 letter dated 3.2.2016, the Secretary to Government, Higher Education Department, forwarded the bio data and employment certificate of the petitioner to the Vice Chancellor of the University, informing that the petitioner was the only officer who fulfills the qualification and requesting to take steps to appoint him as Senior Director. In Ext. P5 order dated 4.2.2016 of the University it is stated that, the Vice Chancellor constituted a selection committee for appointment of Senior Director (Administration and Affiliation) (hereinafter referred to as 'Senior Director') and Director (Finance/Audit/Accounts) with the Vice Chancellor as Chairman, Sri B. Srinivas, Principal Secretary to Government Higher Education Department, Dr. K. Vijayakumar, Director of Technical Education Department, Dr. J.Latha, Vice Chancellor, CUSAT, Dr. V. Ramakrishnan, Director IISER, Dr. Bindhu G.R, Member, Executive Committee, Dr. Ajitha Bhaskar, Professor, College of Engineering as members and Dr. G.P. Padmakumar, Registrar as Convenor. Ext. P-6 is the copy of the minutes of the selection committee which met on 9.2.2016 and decided to appoint the petitioner, subject to the clarifications issued by the Government. Thereafter, the University issued Ext. P-7 order dated 12.2.2016 appointing the petitioner as Senior Director. The retirement age was stated to be 60 years as envisaged in the G.O dated 31.10.2014. It was further stated that the pensionary benefits till his retirement from State service would be borne by the State Government and remaining pensionary benefits if any would be met from the University. By Ext. P8 letter dated 25.2.2016, the Secretary to Government, Higher Education Department, requested the Secretary to General Administration (Special-B) Department to take steps to relieve the petitioner w.e.f 29.2.2016, to enable him to take charge as Senior Director. Ext. P8 letter refers to a note dated 15.2.2016 of the petitioner requesting to allow him to join the University on 29.02.2016 and to treat him on deputation for the period from 1.3.16 till his superannuation in the administrative secretariat and the subsequent period till his attaining the age of 60 years as direct appointment as provided in Ext. P1 order and to fix his pay for the period as per Rule 100 of Part III KSR. Government accordingly, by that order itself allowed the request directing that his appointment in the University for the period from 1.3.2016 to 30.4.2016 would be treated as deputation with eligibility for pay and allowances attached to the post of Additional Secretary to Government in the parent Department with benefit of pensionary benefits after 30.04.2016 from the State Government. It was also ordered that the period from 1.5.16 to 30.4.2020 would be considered as direct appointment for which the pay and allowance would be regulated under Rule 100 of Part III KSR.

(3.) Immediately thereafter the petitioner was relieved from the Higher Education Department as per Ext. P9 order and he joined duty in the University in the afternoon of 29.02.2016. The University thereafter issued Ext. P11 order on 12.03.2016 stating that the petitioner is appointed as Senior Director in the University w.e.f the afternoon of 29.2.2016 subject to the conditions stipulated in the orders Exts. P7 and P8.