IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 23263 of 2009(C) -------------------------- PETITIONER: --------------- SMT.A.S.LUBAINA, AGED 34 YEARS, W/O.A.H.NIZAM, LECTURER, DEPARTMENT OF BOTANY, CHRISTIAN COLLEGE, KATTAKADA, TRIVANDRUM, RESIDING AT "LUBAINA NIVAS", KOCHALUMMODU, VEMBAYAM, TRIVANDRUM, PIN-695 615. BY ADV. SRI.M.A.SHAFIK RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (D) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR, COLLEGIATE EDUCATION, DIRECTORATE OF DEPUTY DIRECTOR, KOLLAM. 4. THE REGISTRAR, UNIVERSITY OF KERALA, TRIVANDRUM. 5. THE MANAGER, CHRISTIAN COLLEGE, KATTAKADA, TRIVANDRUM. 6. THE PRINCIPAL, CHRISTIAN COLLEGE, KATTAKADA, TRIVANDRUM. BY SR. GOVT. PLEADER SRI. MUHAMOOD T.T FOR R1 TO R3 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R4 SRI.N.SASIDHARAN UNNITHAN FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 23263 of 2009 -------------------------- Dated this the 10th November,2009 J U D G M E N T The petitioner herein is a Lecturer in Botany at Christian College, Kattakada in Trivandrum. The main prayer in the writ petition is for a declaration that the petitioner is entitled to be paid her salary from 25.1.2008 on the basis of her duly approved appointment. Petitioner is a holder of M.Sc (Botany) with M.Phil (Botany) and U.G.C.-CSIR NET. Petitioner was selected for the post of Lecturer (Botany) by the 5th respondent and accordingly she was appointed in the retirement vacancy of Smt.P.Gracykutty as per Ext.P2. Thereafter, she was appointed as Lecturer in Botany in the Christian College, Kattakada. 2. Earlier, she was working as Senior Teacher in Government Higher Secondary School, Kunnam in Mavelikara. Ext.P3 is the proceedings of the University whereby the appointment of the petitioner along with two other teachers have been approved. Thereafter, the Principal forwarded the half-yearly returns of the College W.P ( C) No. 23263 of 2009 2 on 01.11.2008 to the University for assessing the workload and fixing the staff strength in each department for the academic year 2008-2009 which was also approved by the Syndicate, as is evident from Ext.P4. Going by the same, the workload assessed is 123 hours for Botany Department and the permissible number of teachers for Botany Department is 8. 3. Even though the salary bills were forwarded, the same was returned with certain objections. 4. In the statement filed on behalf of the 3rd respondent, the only objection taken is that the appointments have been made without obtaining prior concurrence of the Government. It is evident from paragraph 4 of the statement that the Director of Collegiate Education as per letter dated 19.1.2009 has requested the Government to issue concurrence for the approval of five teachers including the petitioner in the various departments of Christian College, Kattakada. (Ext.P6). W.P ( C) No. 23263 of 2009 3 5. Learned counsel for the petitioner submitted that in the light of the decisions of this Court in Cherian Mathew Vs. Principal, S.B.College, Changanassery. [ 1998 (2) KLT 144] and Salini Rachel Vs. Manager, Christian College [2007(3) KLT 355) respondents cannot refuse to reduced pay salary. It is pointed out that as the appointments have been approved by the University and as the workload and staff strength are satisfied in this case, there cannot be any refusal to pay salary. In Salini Rachel Vs. Manager, Christian College [2007(3) KLT 355) at paragraph 8, it was held thus: "Power is statutorily conferred on the Syndicate and the University to approve the appointment if it is in accordance with the staff pattern fixed by the University and the person so appointed is fully qualified to the post. Further clause (2) of Statute 14 authorise the Deputy Director of Collegiate Education to verify before making direct payment of salaries as to whether the post for which payment is claimed is in accordance with the staff pattern and work load or staff pattern, no prior permission of the Government is necessary. Once Syndicate of the University grants approval for filling up the existing vacancies depending upon the work load and staff pattern Government is obliged to pay salary of the teachers appointed by duly constituted Selection Committee. If Government or its W.P ( C) No. 23263 of 2009 4 officers find that the approval was granted by the University illegally it can always take up the matter before the University or other forums so that public interest will not suffer. S. 57 (1) was introduced not to take away the statutory powers already conferred on the Syndicate of the University." 6. In the light of the above, the only objection that the prior concurrence was sought for the appointments cannot survive. Therefore, as the appointment of the petitioner has been approved, there will be a direction to the 3rd respondent to disburse the arrears of salary and the monthly salary from time to time in terms of the bills forwarded by the Principal. Arrears as on today will be disbursed within a period of one month from the date of forwarding of the Bills by the Principal. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 23263 of 2009 5 W.P ( C) No. 23263 of 2009 6