IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 25975 of 2007(P) -------------------------- PETITIONER(S): --------------- 1. SWARAN P.R., LECTURER IN ZOOLOGY, DEPARTMNENT OF ZOOLOGY,PAYYANUR COLLEGE, PAYYANNUR. 2. SAPANA JACOB, ---DO--. 3. HARIKRISHNAN.E, LECTURER IN BOTANY, DEPARTMENT OF BOTANY,PAYYANUR COLLEGE, PAYYANUR. 4. BINILA MATHEWS,LECTURER IN ECONOMICS, DEPARTMENT OF ECONOMICS,PAYYANUR COLLEGE, PAYYANUR. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HIGHER EDUCATION,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, NR.HEAD POST OFFICE, KOZHIKODE. 4. KANNUR UNIVERSITY REP. BY ITS REGISTRAR, MANGATTUPARAMBA, KANNUR. 5. PAYYANUR EDUCATIONAL SOCIETY, REP. BY ITS PRESIDENT, PAYYANNUR P.O. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY SRI.JIJO PAUL FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25975 of 2007 APPENDIX PETITIONER'S EXHIBITS: P1 : THE MINUTES OF THE STAFF SELECTION COMMITTEE DATED 5.12.2005 IN RESPECT OF DEPT. OF ZOOLOGY P2: THE MINUTES OF THE STAFF SELECTION COMMITTEE DATED 5.12.2005 IN RESPECT OF DEPT. OF BOTANY P3: THE MINUTES OF THE STAFF SELECTION COMMITTEE DATED 5.12.2005 IN RESPECT OF DEPT. OF ECONOMICS P4: COPY OF THE APPOINTMENT ORDERS ISSUED TO THE 1ST PETITIONER ON 5.12.2005. P5: COPY OF THE APPOINTMENT ORDERS ISSUED TO THE 2ND PETITIONER ON 5.12.2005. P6: COPY OF THE APPOINTMENT ORDERS ISSUED TO THE 3RD PETITIONER ON 5.12.2005. P7: COPY OF THE APPOINTMENT ORDERS ISSUED TO THE 4TH PETITIONER ON 5.12.2005. P8: COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT UNIVERSITY DATED 27.02.2007 APPROVING THE APPOINTMENTS OF THE PETITIONERS P9: COPY OF THE ORDER DATED 26.04.2007 CONTAINING THE NOTE OF THE 3RD RESPONDENT. P10: COPY OF THE CLAIM PREFERRED BY THE PRINCIPAL OF THE PETITIONERS' COLLEGE TO THE 3RD RESPONDENT ON 24.07.2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.25975 OF 2007 ---------------------------------------------- Dated this the 24th day of June, 2011 JUDGMENT This writ petition is filed by four teachers of an aided College complaining that despite their appointment having been approved by the University, the Government is not disbursing salary due to the petitioners. 2. On 25.10.2007, I passed the following interim order: “The learned Government Pleader submits that salary of the teachers cannot be released since, according to the Government, there is not sufficient workload warranting appointment of the petitioners. A Division Bench of this court has held that the Government cannot take such a contention once the University approves the appointment. Here the University has approved the appointments of the petitioners. As such, the Government is bound to pay salary to the teachers. If the Government is of the opinion that the decision of the University is wrong, it is up to the Government to take up the matter with the University. In so far as the University has approved the appointments, the petitioners are entitled to get salary. However, I grant one month's time to the Government, within which time, they shall take a decision either way. If after one month, the order of the University approving the petitioners' appointments still stands, the third respondent shall see that the salary due to the petitioners is disbursed forthwith”. 3. It is admitted before me that, pursuant to the interim W.P.(C)No.25975/07 2 order, the petitioners are getting salary. A Division Bench of this Court has already held that once the University, who is the competent authority to do so, approves appointments made by aided colleges, without challenging the same appropriately, the Government cannot deny salary to the teachers whose appointment has been so approved. In the above circumstances, the writ petition is disposed of in terms of the interim order. S. SIRI JAGAN, JUDGE acd W.P.(C)No.25975/07 3