IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 34037 of 2007(B) ---------------------------------------- PETITIONER(S): ------------------------- POCKER SAHIB MEMORIAL ORPHANAGE COLLEGE, TIRURANGADY, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER. BY ADVS. MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS, SMT.TULASI PANICKER. RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 4. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN 673 635 REPRESENTED BY THE REGISTRAR. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA R4 BY ADV. MR. P.C. SASIDHARAN, SC, UTY OF CLT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34037/2007 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OFTHE AGREEMENT EXECUTED BY THE PETITIONER DTD.12/10/1972. P2: COPY OF THE LETTER ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION DTD. 16/10/2003 ALONG WITH STATEMENT OF WORKLOAD AND STAFF FIXATION. P3: STATEMENT SHOWING THE WORK LOAD AND NUMBER OF STAFF REQUIRED AND ACTUALLY AVAILABLE AND THE VACANCIES EXISTING AS ON 01/10/2007. P4: COPY OF LETTER NO.GA11/A2/1789/2006 DTD. 26/09/2007 OF UNIVERSITY. P5: N I L P6: COPY OF THE ORDER DTD. 13/08/2008 APPOINTING SMT.RAZEENA P.R. P7: COPY OF THE ORDER DTD. 20/08/2008 APPOINTING SMT. SHAMLA K.M. P8: COPY OF THE ORDER DTD. 01/01/2009 APPOINTING SRI.SUBAIR.P. P9: COPY OF THE ORDER DTD. 05/01/2009 APPOINTING SRI.HASKERALI E.C. P10: COPY OF THE ORDER DTD. 08/01/2009 APPROVING THE APPOINTMENT OF SMT. RAZEENA P.R. AND SMT. SHAMLA K.K. P11: COPYOF THE ORDER DTD. 09/06/2009 APPROVING THE APPOINTMENT OF SRI.SUBAIR.P. AND SRI.HASKERALI.E.C. P12: COPY OF THE LETTER DTD. 24/11/2009 SENT BY THE 3RD RESPONDENT. P13: STATEMENTS OF THE VACANCY POSITION IN THE COLLEGE. P14: COPY OF THE LETTER DTD. 14/09/2009 SENT BY SRI.K.T.KUNHIMOHAMMED THE PETITIONER. P15: COPY OF REQUEST DTD. 20/10/2009 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. P16: COPY OF EXPLANATION DTD. 06/04/2009 SUBMITTED BY THE PETITIONER EXPLAINING THE WORKLOAD. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 34037 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 J U D G M E N T The petitioner is the Manager of an aided college. He filed this writ petition seeking the following reliefs:- a) issue a writ of mandamus or other appropriate writ, order or direction to the respondents to permit the petitioner to fill up the vacancies in sanctioned posts excluding those attributable to new courses sanctioned without additional financilal commitment lying vacant as shown in Ext.P3 statement and make appointment; b)issue appropriate writ, order or direction to respondents 1 and 4 to send nominee to the Selection Committee expeditiously to be constituted by the petitioner for selecting candidates for appointment; c)issue appropriate writ, order or direction to the respondents to grant approval to the appointments and disburse salary to the teachers; d)grant such other and further reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case. 2. Originally, pursuant to the interim orders of this court, the Government nominated their representative to the selection committee to be constituted by the petitioner for selection of teachers, pursuant to which teachers have been WPC.34037 of 2007 : 2 : selected and appointed. Their appointments have also been approved by the University. The present subsisting grievance in this writ petition is that despite the approval granted by the University for the appointments, salary due to the teachers are not being disbursed. According to the petitioner, in view of the Division Bench decision of this Court in State of Kerala Vs. Arun George(2009(4)KLT 972), the Government cannot withhold the salary of the teachers whose appointments have been approved by the University. 3. The learned Government Pleader on instructions submits that the Government does not accept that the approval is proper and valid. 4. I am of the opinion that if the Government have objections regarding the approval, they have to take up the same with the University or challenge the approval granted by the university appropriately. But as long as the approval stands the Government cannot deny salary due to the approved teachers in view of the above said decision and other decisions of this court. In the above circumstances, I dispose WPC.34037 of 2007 : 3 : of this writ petition with a direction to respondents 1 to 3 to disburse the salary due to the approved teachers of the petitioner's college within one month from the date of receipt of a copy of this judgment, this is without prejudice to the right of the first respondent to take up the matter regarding the validity of the approval with the University or to challenge the approval granted by the University appropriately. (S. SIRI JAGAN, JUDGE) jma //true copy// P.A. To Judge