IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 14056 of 2011(F) ------------------------------------- PETITIONER(S): ---------------------- RAJITHA.P.R, GUEST LECTURER, DEPARTMENT OF COMMERCE, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEF. RESPONDENT(S): ------------------------- 1. THE PRINCIPAL, PAZHASSI RAJA COLLEGE, PULPALLY P.O.-673 579. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. 3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. STATE OF KERALA REP. BY ITS SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.B.S.SURESH (CHIRAKKARA) R2 TO R3 BY GOVT.PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14056 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER TO THE PETITIONER DT.31.05.2007 P2: COPY OF THE GO(RT) NO.1547/2007/G.EDN DT.9.4.2007 P3: COPY OF THE GO(RT0 NO.332/2009/G.EDN DT. 21.01.2009 P4: COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER TO THE PETITIONER DT.30.05.2008 P5: COPY OF THE GONO.78/2010/H.EDN DT. 8.1.2010 ISSUED BY THE GOVT. P6: COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT TO THE PETITIONER DT.05.02.2010 P7: COPY OF THE CERTIFICATE ISSUED BY THE 1 ST RESPONDENT DT.6.02.2010. P8: COPY OF THE LETTER NO. 7411/D2/2009/H.EDN. 17.07.2010 ISSUED BY THE GOVT. P9: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DT.17.03.2011. P10: COPY OF THE JUDGEMENT DT. 08/04/2010 IN W.P.(C).NO.13568/2005 OF THIS HON'BLE COURT. P11: COPY OF THE UO NO.GAII/C3/2008-07(1) DT. 28/02/2011 ISSUED BY THE UNIVERSITY OF CALICUT. P12: COPY OF THE COMMUNICATION ISSUED BY THE R.1. TO THE 4.2. DT. 06/06/2011. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE DETAILS OF PAYMENT OF SALARY TO THE PETITIONER ON THE PERIOD FROM JUNE 2007 TO FEBRUARY 2010. \\TRUE COPY\\ PA TO JUDGE JM T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14056/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2011 J U D G M E N T The petitioner who was working as Guest Lecturer in the Pazhassi Raja College, Pulpally in Commerce Faculty seeks for various directions including a direction to respondents 2 to 4 for sanction and disbursement of salary for the periods mentioned in Exts. P1 and P4 within a time frame. 2. It is a case where the petitioner was initially appointed as Guest Lecturer in Commerce in a deputation vacancy from 04/06/2007 as per Ext.P1. Thereafter, on extension of the deputation period, the petitioner was again appointed with effect from 02/06/2008. It is pointed out that even though proposals were made by the Principal to respondents 2 to 4, with regard to the approval of appointment and disbursement of salary, the same got prolonged as there was a controversy regarding the sanction of required posts also. W.P.(C). No.14056/2011 -:2:- 3. Along with I.A.No.9467/2011, the petitioner has produced Ext.P10, a Judgment of this Court in W.P. (C).No.13568/2005 and connected case, concerning similarly placed persons in the same college. Those persons were originally appointed in 1999. This Court directed the University to go into the various aspects, assess the workload of the College from 2000 onwards and consider whether the workload justifies appointment of the petitioners as Guest Lecturers. The operative portion of the Judgment reads as follows:- “The petitioners shall produce a certified copy of this Judgment before the University to which the Pazhassiraja College, Pulpally, Wyanad is affiliated. The University shall thereupon assess the workload of the College from 2000 onwards and consider whether the workload justifies appointment of the petitioners as Guest Lecturers. The assessment of the workload shall strictly be in accordance with the Judgment in Arun George's case (supra). On such assessment, if W.P.(C). No.14056/2011 -:3:- the workload justifies the appointment of the petitioners as Guest Lecturers, the University shall forward their decision on the same to the Deputy Director of Collegiate Education. Thereupon, if the University finds that the workload justifies the engagement of the petitioners as Guest Lecturers, the third respondent shall disburse salary due to the petitioners with arrears within period of one month from the date of receipt of the decision of the University. The University shall give their decision within a period of two months from the date of receipt of a copy of this Judgment. If the Government is aggrieved by the determination of the workload, they would be free to challenge the same appropriately.” Thereafter, the University has passed Ext.P11 order dated 28/02/2011. As far as Commerce Department is concerned, two Guest Faculties have been sanctioned from 2001-02 to 2009-2010. W.P.(C). No.14056/2011 -:4:- 4. It is submitted by the learned counsel for the petitioner that the petitioner worked in the College upto 24/02/2010 and, therefore, the petitioner will be entitled for payment of salary as permissible for Guest Lecturers in terms of the relevant scheme. 5. Heard the learned counsel appearing for the first respondent. In their counter affidavit, it is stated that the Management had paid an amount of Rs.1,99,250/-. But the learned counsel for the petitioner submitted that the amount claimed ought to have been paid and the total amount shown in the counter affidavit as already paid to her is disputed by the petitioner. The learned counsel for the petitioner, therefore, prayed that the Management may be directed to forward necessary details to the Deputy Director of Education who will have to take steps in the matter by taking sanction from the Government for getting the amounts from the U.G.C, for payment to the petitioner. 6. In that view of the matter, the writ petition is disposed of in the following manner: W.P.(C). No.14056/2011 -:5:- The first respondent will forward the necessary bills to the second respondent who will take appropriate action in the matter for placing the claim of the petitioner before the Government for sanction so as to see that the eligible amounts are received by the petitioner. Appropriate action will be finalised within four months from the date of receipt of a copy of this Judgment. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms