IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 36863 of 2007(L) -------------------------- PETITIONER: ------------ 1. DR. REJIMON P.M., LECTURER, DEPARTMENT OF ECONOMICS, MAR DIONYSIUS COLLEGE, PAZHANJI. 2. JEEJAMOL P.M., LECTURER, DEPARTMENT OF ECONOMICS, MAR DIONYSIUS COLLEGE, PAZHANJI. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, THENJIPALAM, KOZHIKODE. 2. THE PRINCIPAL, MAR DIONYSIUS COLLEGE, PAZHANJI. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.36863 OF 2007 ---------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT The petitioners are Lecturers of an aided College appointed by the Manager of the aided College. The appointments have been duly approved also by the University. The petitioners' grievance in this writ petition is that in spite of approval by the University they are not being paid salary. 2. I had directed the Government pleader to get instructions as to why the 3rd respondent is not taking steps to disburse the salary due to the petitioners. On instructions, the learned Government pleader submits that the reason is that the appointments have not been made after obtaining concurrence from the Government. I feel that in so far as the appointments have been made at a time when no concurrence were prescribed by the Statute, prior concurrence is not a condition precedent for approval of the appointment of the petitioners. Therefore there is no justification for denying salary to the petitioners for the work done by them. W.P.(c) No.36863/07 2 Accordingly, the writ petition is disposed of with the following directions: The 2nd respondent – Principal shall forward the salary bills of the petitioners to the 3rd respondent and the 3rd respondent shall countersign the same for payment, within two weeks from the date of receipt of the salary bills along with a certified copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.36863/07 3