IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WA.No. 2510 of 2005(A) --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.23040/2003 DATED 03/08/2005. .................... APPELLANT/ PETITIONER: -------------------------------------- K.M. MARIAMMA, W/O. PROF.C.K. MATHAI, AYYANETH HOUSE, P.O. ALAYAMON, ANCHAL, KOLLAM DISTRICT. BY ADV. DR.VINCENT PANIKULANGARA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY FOR HIGHER EDUCATION, THIRUVANANTHAPURAM-695 001. 2. UNIVERSITY OF KERALA, REP. BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 037. BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA, ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY., THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & V.K.MOHANAN, JJ. ------------------------------- W.A.NO.2510 OF 2005 (A) ----------------------------------- Dated this the 7th day of October, 2008 J U D G M E N T KOSHY,J. Appellant/Petitioner joined service as a High School Assistant on 19.6.1968. Thereafter she was appointed as Lecturer in a College under the Kerala University as she was educationally qualified. The appointment as Lecturer in the College was after getting prior permission from the Government. Petitioner wanted her salary, as she was getting, to be protected. Except the Kerala University, in other Universities in Kerala where a High School Assistant is appointed as Lecturer in the University or Colleges affiliated to University, their previous salary is protected. In fact several representations were given to the Kerala University and University informed that such amendment will be made to a Statute. One of such letters given by the University to the appellant is Ext.P6. Finally the University amended the WA.2510/05 2 Statute and made a clear provision under Section 24(4) of the Mahatma Gandhi University Statutes that when a teacher working in a School within the State of Kerala takes up an appointment to a higher post in a College, his pay to such appointment shall be fixed considering his pay in the previous appointment. The above amendment was assented by the Chancellor on 28.6.2001. Government therefore granted the benefits from 28.6.2001. Appellant wants the benefits with effect from 1997 when she became Lecturer. It is the case of the Government that since University amended the Statute from 28.6.2001, Government can give protection of salary only with effect from 28.6.2001 as per the amended provision under Statute 24(4). It is the case of the appellant that if she continues as a school teacher, she would have fetch much more salary and other benefits merely because she had higher qualification and joined the College which was affiliated to the Kerala University and that should not be taken away. She relied on the fact that benefits given in all other Universities should be given in Kerala University also. Amendment came only in 28.6.2001. It is also stated that Government also WA.2510/05 3 directed the University to give similar benefits and protection of pay in Kerala University and as per Ext.P2 dated 27.9.1984, University promised that the Statute are being amended but there was a clear delay in making the amendment. In the circumstances of the case and considering Ext.P2 letter, we direct the Government to reconsider the matter and pass fresh orders regarding the matter, as expeditiously as possible and in any event, within two months from the date of receipt of copy of this judgment. This appeal is disposed of accordingly. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE prp J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 7th October, 2008