IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 1238 of 2008(V) ------------------------- PETITIONER(S): ------------------ BEENA SKARIAH, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, MAR ATHANESIUS COLLEGE, KOTHAMANGALAM. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, 'VIKAS BHAVAN', P.M.G.JUNCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 5. THE PRINCIPAL, MAR ATHANESIUS COLLEGE, KOTHAMANGALAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R4 SRI.GEORGE JACOB (JOSE) FOR R5 GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1238/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF ORDER NO.ACAD.B11.5/296/90 DT ATHIRAMPUZHA 9.4.92 ISSUED BY THE 4TH RESPONDENT UNIVERSITY. EXT.P2: A TRUE COPY OF ORDER U.O.NO.AC BV.2.243.2001 PRIYADARSHANI HILLS DT 18TH MAY, 2001. EXT.P3: A TRUE COPY OF ORDER UO NO.AC.BV-2/871/2005 PRIYADARSHANI HILLS DT 19.8.2005 OF THE 4TH RESPONDENT. EXT.P4: A TRUE COPY OF LETTER NO.D4 8808/2005 ERNAKULAM DT 1.6.2006 ISSUED BY THE 3RD RESPONDENT. EXT.P5: A TRUE COPY OF THE JUDGMENT DATED 9.7.2007 IN WPC NO.6882 OF 2007 OF THIS HON'BLE COURT. EXT.P6: PHOTOCOPY OF THE ORDER NO.A3.1181/2001 DT 30.10.2001 BY THE 4TH RESPONDENT. EXT.P7: PHOTOCOPY OF THE LETTER NO.AC.BV/2/871/05 DT 30.5.2008. EXT. OF R3 EXT.R3(a): TRUE COPY OF THE LETTER NO.A5-1619/08 DT 10.4.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 1238 OF 2008 (V) ==================== Dated this the 3rd day of November, 2008 J U D G M E N T The effective date of selection grade granted to the petitioner is the issue in dispute. 2. Petitioner, a lecturer in the College of which the 5th respondent is Principal, has been granted Selection Grade w.e.f. 22/11/2000 by Ext.P3 order. That was objected to by the 3rd respondent as per Ext.P4. It is seen from Ext.R3(a) that the Deputy Director had taken up the matter with the University seeking clarification and that the University ultimately issued Ext.P7, reiterating the correctness of position they have taken in Ext.P3. Therefore, from Ext.P7, it is evident that according to the University, the petitioner is entitled to be conferred selection grade w.e.f. 22/11/2000. 3. Going by the judgments of the Division Bench of this Court in Cherian Mathew v. Principal S.B.College, Changanassery (1998 (2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007(3) KLT 355), the Universities word in this regard is the final one. Therefore, the Deputy Director has to go by Ext.P7. In view of this, the petitioner is entitled to succeed in this writ petition. 4. Therefore, Ext.P4 would stand quashed and the 3rd respondent WPC 1238/08 :2 : shall counter sign and pass salary of the arrear bill of the petitioner in the selection grade for disbursing the amounts due to her w.e.f 22/11/2000. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE Rp