IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 14187 of 2008(L) -------------------------------------- PETITIONER: ------------------- DR. JOJI MADAPPATTU, LECTURER, DEPARTMENT OF MALAYALAM, ST.BERCHMANS' COLLEGE, CHANGANACHERRY. BY ADV. SRI.S.MUHAMMED HANEEFF. RESPONDENTS: ----------------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. THE PRINCIPAL, ST.BERCHMANS' COLLEGE, CHANGANACHERRY. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SMT. T.B. REMANI FOR R3 TO R5, ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14187/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DTD. 01/06/2005. EXT.P.2: COPY OF THE STAFF-FIXATION ORDER IN RESPECT OF S.B. COLLEGE, CHANGANASSERY FOR THE YEAR 2004-05. EXT.P.3: COPY OF THE G.O. (RT).NO.1016/07/H. EDN. DTD. 23/05/2007. EXT.P.4: COPY OF THE APPROVAL ORDER NO. 2611/B1/2007/ACAD DTD. 17/11/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.14187/2008 ----------------------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT By Ext.P1, petitioner has been appointed as Lecturer in Malayalam in the retirement vacancy of Sri.K.A. Joseph with effect from 1.6.2005. However, the appointment has been approved by the University as per Ext.P4 only with effect from 23.5.2007. According to the petitioner, the reason for restricting the approval with effect from 23.5.2007 is that, Ext.P3 order issued by the 5th respondent granting sanctiion for the appointment was issued only on 23.5.2007. 2. The University has filed a statement and according to the statement section 59(1) has been amended to the effect that “ appointments of the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as WP(c).No.14187/2008 2 may be authorised by the Government.” it is contended that such sanction was obtained only on 23.5.2007 and therefore approval can only be with effect from that date. 3. I have heard the counsel for petitioner, the learned Government Pleader and also the Standing Counsel for the University. In my view, restricting of approval from 23.5.2007 relying on Section 59(1) is erroneous. This is for the reason that appointment of the petitioner by Ext.P1 is against a retirement vacancy in a post which was already sanctioned. If that be the position, Section 59(1) now held against the petitioner is inapplicable. This position has been clarified by this court in the judgment in Shalini Rachal V. Manager, Christian College (2007(3)KLT 355), interpreting section 57(1) of the Kerala University Act. In view of the position as above, Ext.P4 to the extent granting approval to the appointment of the petitioner with effect from 23.5.2007 is quashed and the University is directed to approve the appointment of the petitioner with effect from WP(c).No.14187/2008 3 1.6.2005. Necessarily, consequential benefits will also be extended. 4. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.14187/2008 4