IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 4227 of 2009(C) ------------------------- PETITIONER(S): --------------- FR.P.T.JOHN, LECTURER, DEPARTMENT OF SYRIAC, CATHOLICATE COLLEGE, PATHANAMTHITTA. BY ADV. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.SARAMMA CHERIAN SMT.ASHA CHERIAN SRI.P.M.SANEER RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT HIGHER EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 5. THE PRINCIPAL, CATHOLICATE COLLEGE, PATHANAMTHITTA. MR.A.J.VARGHESE, SR. GOVERNMENT PLEADER SRI.C.T.JOSEPH FOR R5 SRI.JOE POLLAYIL FOR R5 SRI.ROSHIN IPE JOSEPH FOR R5 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4227/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPOINTMENT ORDER DATED 07/08/1989 OF PETITIONER AS PART- TIME LECTURER. P2 : COPY OF APPOINTMENT ORDER DATED 05/07/1994 OF THE PETITIONER AS FULL TIME LECTURER. P3 : COPY OF ORDER DATED 23/05/1995 OF 4TH RESPONDENT UNIVERSITY. P4 : COPY OF ORDER DATED 08/09/1998 TRANSFERRING PETITIONER TO CATHOLICATE COLLEGE, PATHANAMTHITTA. P5 : COPY OF ORDER DATED 26/07/2007 OF UNIVERSITY. P6 : COPY OF CIRCULAR NO.Ac.BV-1/946/07 DATED 28/06/2008 ISSUED BY THE UNIVERSITY. P7 : COPY OF JUDGMENT DATED 23/09/2008 IN WP(C) NO.17358/2008 OF THE HONOURABLE HIGH COURT OF KERALA. P8 : COPY OF JUDGMENT DATED 30/09/2009 IN WP(C) NO.34582/2008 OF THE HONOURABLE HIGH COURT OF KERALA. P9 : COPY OF LETTER NO.Ac.BV/4/145/03 DATED 14/05/2010 OF THE UNIVERSITY. RESPONDENT'S EXHIBITS R1(a) : COPY OF CIRCULAR DATED 09/02/2004. R1(b) : COPY OF GOVERNMENT LETTER DATED 17/02/2004. R5(a) : COPY OF STAFF FIXATION ORDER OF THE 4TH RESPONDENT DATED 13/12/1999. R5(b) : COPY OF SERVICE BOOK OF THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.4227 Of 2009 ----------------------------------------------------- DATED THIS THE 2nd DAY OF DECEMBER, 2010 J U D G M E N T The petitioner is seeking for a direction to the 1st respondent to give sanction for disbursement of salary and arrears due to the petitioner in cash on the basis of Exhibit P5 order with effect from 6.6.2000. He is also seeking for a declaration that he is entitled to promotion and promotion benefits as Lecturer (Senior Scale) on completion of six years of service as full time Lecturer with effect from 6.6.2000. 2. The petitioner herein is working as Lecturer under the 5th respondent-College. It is under the Corporate Management of Malankara Orthodox Church Colleges. He was initially appointed as a part time Lecturer in Syriac in Baselious College, Kottayam against a vacancy created by the promotion and transfer of one Smt.N.V.Leela, as per Exhibit P1. Later, he was appointed in the said College in a full time vacancy by Exhibit P2 order of the Manager with effect from 6.6.1994. That order was approved by the University as evident from Exhibit P3. Later, he was transferred to the Catholicate College, Pathanamthitta, as evident W.P.(C)No.4227/09 -2- from Exhibit P4 with effect from 16.9.1998. According to him, he was not granted salary as a full time Lecturer and ultimately directions were issued in Writ Appeal No.936/97 in his favour. In the meanwhile, on the introduction of UGC Scheme with effect from 1.1.1996, he became eligible to get promotion as Lecturer (Senior Scale) on completion of six years of service, which was completed by him by 5.6.2000. Accordingly, Manager issued orders promoting him with effect from 6.6.2000 as Lecturer (Senior Scale) which was approved by the University as per Exhibit P5. Even now, the petitioner has not received the monetary benefits which has led to the filing of the Writ Petition. 3. The 1st respondent has filed a counter affidavit in the matter. Various contentions have been raised with regard to the claims of the petitioner. Mainly it is contended that admissible post is only one. It is pointed out in paragraph No.5 of the counter affidavit that with regard to the approval granted by the University for promotion to the Senior Scale, objections were placed before the University as per its letter No.C1/8973/2007 dated 26.2.2009 and no reply has been received. Ultimately, it is submitted that a final decision will be taken soon after the reply from the University is received. W.P.(C)No.4227/09 -3- 4. The 5th respondent has filed a counter affidavit. The University has also filed a counter affidavit. The stand taken by the University is in favour of the petitioner. Exhibit P5(a) is the copy of the proceedings of the University fixing staff strength for the year 1998-99, wherein also in the particular department the permissible number of teachers is shown as two. 5. In the reply affidavit filed by the petitioner, he has produced Exhibit P9, a copy of the communication issued by the University addressed to the Deputy Director of Collegiate Education, Kottayam dated 14.5.2010, which shows that the Standing Committee of the Syndicate on Affiliation at its meeting held on 20.4.2010 has resolved not to review the placement already given to the petitioner as Lecturer (Senior Scale) in Syriac, because for a permanent teacher in service the work load is not the criterion for placement as Lecturer (Senior Scale) or Lecturer Selection Grade, if other conditions regarding length of service, participation in refresher courses etc. are satisfied. The petitioner is also relying on Exhibit P8 judgment of this Court wherein it has been held that once the objection taken by the University has been overruled by the University after the initial approval and a fresh proceedings have been issued by the W.P.(C)No.4227/09 -4- University, then the Director of Collegiate Education is bound to disburse the salary. The issue is settled by the Division Bench decisions of this Court in Cheriyan Mathew v. Principal, S.B.College, Changanacherry (1998(2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007(3) KLT 355). Both decisions are authority for the position that once the University has considered the appointment of a teacher, then Government or the Department cannot sit in judgment of such approval. If the Deputy Director has any doubt about the approval granted, it is upto him to take up the issue with the University to take a decision and thereafter decide the matter in terms of the clarification issued by the University. The same position has been reiterated in Exhibit P7 judgment of this Court. 6. In that view of the matter, as now the Syndicate has again clarified the position as per Exhibit P9, there cannot be any objection for the placement given to the petitioner. In that view of the matter, the Writ Petition is allowed. 7. There will be a direction to the 1st respondent to sanction and disburse the salary including arrears to the petitioner on the basis of Exhibit P5 order, which is confirmed in Exhibit P9. Appropriate action will be taken on production of the W.P.(C)No.4227/09 -5- salary bills of the petitioner by the Principal and the amount will be disbursed within one month from the date of receipt of the salary details. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn