IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WA.No.1636 of 2008 ------------------------ AGAINST THE JUDGMENT IN WPC.26360/2007 Dated 03/04/2008 .................... APPELLANT/PETITIONER IN W.P.C.: ------------------------------------------- DR. S. MEERA BHAI AMMA, LECTURER (SENIOR SCALE) IN SANSKRIT, ASSUMPTION COLLEGE, CHANGANACHERRY. BY ADV. SRI.BABU VARGHESE RESPONDENTS/RESPONDENTS IN W.P.C. ------------------------------------------------ 1. THE MANAGER, ASSUMPTION COLLEGE, CHANGANACHERRY. 2. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM. 3. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, ALONG WITH WA NO.1666 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. Nos.1636 &1666 of 2008 ------------------------------------------------ Dated this the 30th day of October, 2008 JUDGMENT Koshy, J Appellant/petitioner in this case was working as a lecturer in Sanskrit in the Assumption College, Changanacherry. She was originally appointed on 24/10/95 as Part Time Lecturer. She was claiming for conversion of Part Time post to Full Time post. Since that was not done, she approached this Court by filing W.P.C.22060/04. It was the contention of the appellant/petitioner that in an identical situation, this Court has granted the benefit as can be seen from the decision of a Division Bench of this Court reported in Cherian Mathew v. Principal S.B. College, Changanacherry (1998 (2) KLT 144). That was also reiterated by another Division Bench of this Court in Shalini Rachel v. W. A. Nos.1636 &1666 of 2008 -2- Manager, Christian College (2007(3) KLT, 355). In the Department of Sanskrit there was no Full Time Lecturer. Straight away relief was not granted by the learned Single Judge to the Writ Petitioner in W.P.C.22060/04, but the learned Single Judge directed the University to consider the same by Ext.P8 judgment dt.5th November, 05. Consequently, the University considered the matter in favour of the petitioner by Ext.P9 which reads as follows:- “In compliance with the judgment in W.P.C No.22060/04(A) filed by Dr.S.Meera Bhai Amma, part-time Lecturer in Sanskrit Assumption College, Changanacherry read as paper (2) above, sanction has been accorded by the Vice-Chancellor, subject to ratification by the Syndicate to the post of part-time Lecturer in Sanskrit held by Dr.S.Meera Bhai Amma being converted to that of full-time post in Sanskrit w.e.f 24/10/1995 and to the continuance of Dr.S.Meera Bhai Amma in the post.” 2. Vice Chancellor also concurred with the same as can be seen from Ext.P9(a). Objections were raised by the Deputy Director of Collegiate Education, Kottayam by Ext.P14. W. A. Nos.1636 &1666 of 2008 -3- Since objections raised by the Deputy Director were pending disposal before this Court, Ext.P9 was not implemented. Similar objections were also overruled by a Division Bench of this Court vide Ext.P10 judgment. The Division Bench of this Court noticed that unless the authority of the University is not appropriately challenged, the Government cannot deny salary to the incumbent. According to the appellant/petitioner in similar cases (see Ext.P10 etc.) similar directions were given by this Court and it is also contended that since Ext.P8 is giving certain positive directions to the University which was not challenged, it is too late for the Government to contend that University has no authority to decide the question. The learned Single Judge in the impugned judgment has considered the matter and found that as Ext.P9 was passed, W. A. Nos.1636 &1666 of 2008 -4- that is to be given effect to. But it is also stated that since part time post was converted to full time on 04/01/06 salary will be entitled only from 04/01/06, but other service benefits from 24/10/1995. The operative portion of the impugned judgment is as follows:- “Now comes the reliefs to be granted to the petitioner. She was appointed on 24/10/1995 as a part time lecturer. All along she has been claiming for conversion of the part time post into full time post, which was done by the University only by Ext.P9. Therefore, although she is entitled to have service benefits as a full time lecturer with effect from 24/10/1995, arrears of monetary benefits shall be granted to the petitioner only from the date of Ext.P9, viz., 04/01/2006, since she had worked only as a part time lecturer till that date. However, she would be entitled to have her pay fixed as full time lecturer with effect from the original date of appointment without arrears of monetary benefits till 3.1.2006. For all other purposes, her service as full time lecturer must be deemed to have commenced on 24/10/1995. Consequently, there would be a direction to the 5th respondent to pass appropriate orders and disburse salary and arrears of monetary benefits due to the petitioner as a Full Time Lecturer within two months from the date of receipt of a copy of this judgment.” W. A. Nos.1636 &1666 of 2008 -5- 3. We fully agree with the views of the learned Single Judge. We see no grounds to interfere with the impugned judgment. Both the writ appeals filed by the petitioner and the Government are therefore, dismissed. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-