IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 27987 of 2006(F) ----------------------------------------- PETITIONER(S): ------------------------- DILEEP KUMAR K.A., H.S.S.T., (ECONOMICS), S.N.M.HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM. BY ADVS.MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. THE MANAGER, S.N.M.COLLEGE, MALIANKARA. BY GOVERNMENT PLEADER MR.MUHAMOOD T.T FOR R1 TO 3 BY ADV. MR.K.B.GANGESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27987/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 3.7.96 ISSUED BY 4TH RESPONDENT. P2:- COPY OF THE ORDER DT. 8.12.97 OF THE IST RESPONDENT. P3:- COPY OF THE ORDER DT. 21.5.98 OF THE 3RD RESPONDENT. P4:- COPY OF THE ORDER DT. 24.8.98 OF THE 3RD RESPONDENT. P5:- COPY OF THE ORDER OF THE IST RESPONDENT DT. 29.8.98. P6:- COPY OF THE LETTER DT. 30.11.01 FROM THE 3RD RESPONDENT TO SUB TREASURY OFFICER, N.PARUR. P7:- COPY OF THE CIRCULAR DT. 17.7.04. P8:- COPY OF THE ORDER IN WPC. NO.21604/04 DT. 14.2.05. P9:- COPY OF THE JUDGMENT DT. 16.6.06 IN OP. NO.1628/02. P10:- COPY OF THE REPRESENTATION DT. 6.7.086 FROM THE PETITIONER TO 2ND RESPONDENT. P11:- COPY OF THE LETTER FROM THE PETITIONER TO THE MANAGER , S.N.M. H.S.S. MOOTHAKUNNAM DT. 7.1.03. P12:- COPY OF THE LETTER FROM THE PETITIONER TO MANAGER, S.N.M.S.H.S.S., MOOTHAKUNNAM, DT. 4.5.03 . P13:- COPY OF THE LETTER FROM THE PETITIONER TO DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, TRIVANDRUM DT. 10.7.03. P14:- COPY OF THE G.O.(MS) NO.114/02 DT. 5.9.02. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27987/2006-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of July, 2009 J U D G M E N T The petitioner herein is presently working as H.S.S.T (Economics) in S.N.M. Higher Secondary School, Moothakunnam. The petitioner was working as Junior Lecturer in S.N.M. College, Maliankara from 03/07/1996. The said college is affiliated to the Mahatma Gandhi University. Ext.P1 is the order of appointment. 2. The appointment has been approved as per Ext.P2 guidelines issued based on the judgment of this Court in O.P. Nos.5755/1997 and 7239/1997. Going by Ext.P2, there was a direction to transfer the Junior Lecturers to Higher Secondary Schools when the Pre-degree course is delinked. 3. Even though a condition was imposed in Ext.P3 order of approval by the Deputy Director of Collegiate Education that the service of the teacher(s) shall be liable to be terminated when Pre-degree is delinked, that was removed by Ext.P4 order. Subsequent disputes arose between the petitioner and the Management which resulted in the petitioner filing O.P.No.13170/1998. The petitioner had challenged fresh appointments W.P.(C). No.27987/2006 -:2:- made by the Management in the Higher Secondary School. During the pendency of the said writ petition, the petitioner was redeployed to the Higher Secondary School on 01/03/2004. Presently, the dispute is regarding the claim for salary from 01/11/2001 to 29/02/2004 while the petitioner was working as Junior Lecturer in S.N.M. College, Maliankara 4. The petitioner has produced Ext.P8, an interim order passed by this Court in O.P.No.38220/2001 filed by another teacher who is said to be similarly placed, wherein this Court directed that the said teacher is entitled to get salary, and salary was disbursed from 01/11/2001. In fact, the petitioner had earlier approached this Court by filing O.P.No.1628/2002 which was disposed of by Ext.P9 judgment directing the petitioner to approach before the authority concerned and accordingly, the petitioner filed Ext.P10 representation before the second respondent, but without any result. 5. The respondents have filed a counter affidavit in the matter. The learned Government Pleader relying upon the averments in the counter affidavit submitted that immediately after delinking of the Pre-degree course, the petitioner ought to have been deployed to the Higher Secondary School. Since, that was not done, the Government cannot be saddled with any liability to pay salary. It is submitted that even in Ext.P2, the W.P.(C). No.27987/2006 -:3:- Government have clearly mentioned that Junior Lecturers have to be redeployed to schools when Pre-degree courses are delinked from the colleges. Mainly it is contended that the Management of the college should have redeployed the petitioner to the school owned by them. It is also pointed out that the action of the Management in appointing teachers afresh in Higher Secondary School without considering the deployment of the petitioner is against Government Orders. It is also submitted that delay on the part of the Management in deploying the petitioner to the Higher Secondary School cannot result in any liability on the Government to meet the claim for salary. 6. The question is whether the petitioner is entitled to be paid salary by the official respondents. It is clear from the orders produced that the approval of appointment of the petitioner has been accorded by Exts.P3 and P4 orders. There was some dispute between the Lecturers like the petitioner and the Management regarding fresh appointments that were attempted to be made by the Management. The petitioner had submitted option for the purpose of getting deployment to the Higher Secondary School. Since the petitioner had approached this Court way back in the year 1998 by filing O.P.No.13170/1998, it can be safely presumed that the petitioner was willing to be deployed to the Higher Secondary School. The W.P.(C). No.27987/2006 -:4:- position that is emerging from the pleadings evidences the fact that similarly placed persons have been paid salary in the light of the directions issued by this Court. 7. One objection that is raised by the Government Pleader is that the liability to pay salary can arise only if a deployment was made at the right point of time and the willingness in the matter cannot render the Government liable to pay salary. Admittedly, the petitioner is at present getting salary in the scale of Junior Lecturer even after deployment to the school as the same is protected. Therefore, even if the petitioner was deployed earlier from the college to the school, he was entitled to be paid salary in the same scale of pay. Hence, the obligation is on the part of the Government to pay salary to the petitioner even now since the school is an aided school and therefore, the contention that since the deployment was delayed, the Government should be relieved of the responsibility from paying the salary cannot be allowed. 8. In that view of the matter, there will be a direction to the second and third respondents to take appropriate action to disburse admissible salary to the petitioner for the period from 01/11/2001 to 29/02/2004 while he was working as Junior Lecturer in S.N.M. College, Maliankara. The arrear bills will be forwarded by the Principal of the W.P.(C). No.27987/2006 -:5:- College within a period of one month from the date of receipt of a copy of the judgment to the third respondent. The third respondent will take further action in the matter and the admissible amounts will be disbursed within a further period of three months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms