IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 22ND NOVEMBER 2006 / 1ST AGRAHAYANA 1928 WP(C).No. 6908 of 2005(V) ------------------------- PETITIONER: ------------ DR. BEENAMMA MATHEW, LECTURER (SR.GRADE), NIRMALA COLLEGE, MUVATTUPUZHA. BY ADV. SRI.BABU VARGHESE SRI.MANJU ANTONEY SRI.T.J.THOMAS RESPONDENTS: ------------- 1. THE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, BISHOP'S HOUSE, KOTHAMANGALAM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM. 3. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, P.M.G. JUNCTION, TRIVANDRUM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. BY ADV. SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY SRI.V.M.KURIAN SRI.A.V.THOMAS SRI.MATHEW B. KURIAN SRI.K.T.THOMAS GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE ORDER DATD 17-11-97 PASSED BY THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DTD. 31-5-03. EXT.P3 TRUE COPY OF THE PROCEEDINGS DATED 30-09-03 ISSUED BY THE MANAGER TO FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE STATEMENT AND FIXATION OF STAFF STRENGTH IN NEWMAN COLLEGE, THODUPUZHA. EXT.P5 TRUE COPY OF THE PROCEEDINGS DATED 29-11-03 ISSUED BY THE MANAGER TO FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE STATEMENT OF WORKLOAD FOR THE YEAR 2003-04 BASED ON THE STUDENT STRENGTH AS ON 1-11-03. EXT.P6(A) TRUE COPY OF THE STAFF FIXATION ORDER ISSUED BY THE ADALATH EXT.P6(B) TRUE COPY OF THE STATEMENT OF WORKLOAD OF THE PAVANATMA COLLEGE MURICKASSERY EXT.P7 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.15138/04 . EXT.P9 TRUE COPY OF COVERING LETTER OF THE PRINCIPAL, NEWMAN COLLEGE, THODUPUZHA TO THE FIFTH RESPONDENT. RESPONDENT'S EXHIBITS ANNEXURE R5(A) TRUE COPY OF THE G.O.(RT)NO.1548/06/H.EDN. DTD. 16-10-06 /True copy/ PA to Judge. K.M.JOSEPH, J. ------------------------------------------ W.P.C.No.6908 OF 2005 -------------------------------------------- Dated this the 22nd day of November,2006. JUDGMENT The case of the petitioner is as follows. Petitioner is a lecturer selected and appointed by the first respondent with effect from 01-12-1994 in a substantive vacancy and it has been approved by the University. On the basis of Ext.P4 staff fixation, petitioner was transferred to Newman College, Thodupuzha in the newly sanctioned post. Petitioner has approached this court earlier. By Ext.P8 judgment this court directed the fifth respondent to see that the petitioner is paid her salary and other allowances in case she has worked in a sanctioned post. Ext.P9 is the order passed by the fifth respondent, which is impugned in this writ petition. 2. Today, when the matter came up for hearing, learned Government Pleader submits that in the light of Ext.R5(a) a fresh decision can be ordered to be taken. 3. In such circumstances, Ext.P9 is quashed, so that a fresh decision in the matter can be taken in the light of Ext.R5(a). A fresh decision will be taken in the light of Ext.R5(a) and in accordance with law by the fifth respondent within a period of six weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. K.M.JOSEPH. JUDGE. sv.