IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 34495 of 2008(F) ------------------------------------ PETITIONER: --------------- DR. KOCHURANI THOMAS, LECTURER SENIOR SCALE, DEPARTMENT OF ECONOMICS, BHARATHA MATHA COLLEGE, THRIKKAKARA, KOCHI-21. BY ADV. MR.MATHEW JOHN (K) MR.AJEESH K.SASI RESPONDENTS: ---------------------- 1. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, O/O. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CENTRAL ZONE HOSPITAL ROAD, ERNAKULAM. 2. THE PRINCIPAL, BHARATHA MATA COLLEGE, THRIKKAKARA, KOCHI-21. 3. MAHATHMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY (HIGHER EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM. R1 & R4 BY GOVERNMENT PLEADER MR. T.T. MUHAMMED\ R2 BY ADV. MR.V.M.KURIAN MR.MATHEW B. KURIAN MR.K.T.THOMAS R3 BY ADV. MR.T.A. SHAJI, STANDING COUNSEL, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34495 OF 2008 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : A TRUE COPY OF THE ORDER DATED 24.1.2005 EXT. P2 : A TRUE COPY OF THE LETTER DATED 28.4.2005 EXT. P3 : A TRUE COPY OF THE LETTER DATED 23.1.2006 EXT. P4 : A TRUE COPY OF THE JUDGMENT DATED 14.2.2007 IN W.P.(C) NO. 33805 OF 2006 /TRUE COPY/ P.A. TO JUDGE HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No.34495 of 2008-F --------------------------------------------- Dated this the 10th February, 2009. J U D G M E N T By Exhibit P1 order the petitioner's promotion as Lecturer senior scale has been approved by the University. It is the case of the petitioner that in view of Exhibit P4, the petitioner is entitled for payment of salary in the senior lecturer scale with effect from 28.3.2000. The petitioner also pointed out that by Exhibit P2 communication the Principal of the college also requested the first respondent to disburse the salary of the petitioner in the senior scale and the petitioner complains that inspite of all efforts the first respondent is not passing any orders even at this distance of time. Therefore the petitioner prays for a direction to the first respondent to forthwith sanction the salary to the petitioner in the senior lecturer scale and also to pay the arrears of salary with effect from 28.3.2000 . The learned Government Pleader oppose the prayer and submitted that the approval of the petitioner in the post of Lecturer senior scale is illegal for the reason that broken service period of one year has also been reckoned, so the appointment of the petitioner has been wrongly approved by the University. The remedy opened to the Government is to request the University to reconsider and pass fresh orders W.P(C) No.34495 of 2008-F 2 requesting denial of approval of appointment for the reason that the University by mistake approved the appointment by reckoning broken periods. In the facts and circumstances there will be a direction to the first respondent to take up the objection regarding the approval before the 3rd respondent University within a period of four weeks from today. The University shall pass appropriate orders within a period of three weeks thereafter after hearing the Government and petitioner. There will be a direction to the first respondent to sanction the salary of the petitioner in the senior lecturer scale with effect from 28.3.2000 and disburse the same including the arrears on the basis of the order of the University to be passed. Sd/- HARUN-UL-RASHID JUDGE //True Copy// PA to Judge ab W.P(C) No.34495 of 2008-F 3 W.P(C) No.34495 of 2008-F 4 W.P(C) No.34495 of 2008-F 5 W.P(C) No.34495 of 2008-F 6