IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30744 of 2004(I) --------------------------------------- PETITIONER(S): ------------------------- DR. CHITRA PARAPURATH, W/O.DR.P.MOHANA KRISHNAN, RESIDING IN KANAKALAYAM, THILLERI, KANNUR-1. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.PAUL ABRAHAM VAKKANAL RESPONDENT(S): ----------------------------- 1. THE PRINCIPAL, S.N.COLLEGE, KANNUR. 2. THE MANAGER, SREE NARAYANA COLLEGE, P.B.NO.63, KOLLAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KANNUR GOVERNMENT PLEADER SRI. A.J.VARGHESE FOR R1,R3&R4 ADV. SRI.A.N.RAJAN BABU FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30744/2004 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DTD. 11/10/2004. EXT.P2: COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT DTD. 4/06/2002. EXT.P3: COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF AUGUST, 2002 DTD. NIL. EXT.P3(A): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF SEPTEMBER, 2002 DTD. NIL. EXT.P3(B): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF OCTOBER, 2002 DTD. NIL. EXT.P3(C): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF NOVEMBER,2002 DTD. NIL. EXT.P3(D): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF DECEMBER,2002 DTD. NIL. EXT.P3(E): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF JANUARY, 2003 DTD. NIL. EXT.P3(F): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF FEBRUARY,2003 DTD. NIL. EXT.P3(G): COPY OF THE PROFORMA SEND BY THE 1ST RESPONDENT TO 4TH RESPONDENT FOR THE MONTH OF MARCH, 2003 DTD. NIL. EXT.P4: COPY OF THE G.O.(MS) NO.169/99/H.EDN. DTD. 18/12/99. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.30744/2004 ----------------------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT The prayer sought for is a direction to the respondents to disburse the salary payable to the petitioner for the period from 4.6.2002 to 31.12.2003, when the petitioner has worked as guest Lecturer in the S.N. College, Kannur. Two reasons are stated in the counter affidavit justifying the stand taken by respondents that they are not liable for payment of salary for the aforesaid period. One is that the appointment was against the course of B.Sc in Micro Biology sanctioned as per Go(P).No.134/98/H. Edn dated 9.11.1998, on condition that there will be no additional financial commitment on the part of the Government on this account. The other reason stated is that the Director of Collegiate Education had assessed the work load and found WP(c).No.30744/2004 2 surplus staff in the first respondent college and they had informed the College as per letter dated 26.6.2002 that for the new course no further increase in staff or engaging Guest Lecturer at Government expense was permissible from the academic year 2001-02 onwards. 2. In so far as the first objection that the Government had not taken any additional financial commitment, while sanctioning the course is concerned, a Division Bench of this court has already held in the held in the judgment in WP(c). No.2529/2005 and connected cases that once such a condition is imposed, the Government cannot be saddled with the liability for salary and other benefits of the staff. If that be so, the first objection raised by the respondents has to be upheld. 3. Similar is the case with the second objection as well. Though the appointment of the petitioner was for the period from 4.6.2002 onwards, the fact remains that the Director of Collegiate Education had vide his letter dated WP(c).No.30744/2004 3 26.6.2002 informed the Principal that no further increase in staff strength or engagement of guest lecturer at Government expense was permissible. If that be so, any engagement of the petitioner in violation of the said direction can only be at the risk of the first respondent himself and the Government cannot be made liable for salary for the period in question. In view of this, respondents 3 and 4 cannot be saddled with the liability for payment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.30744/2004 4