IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 26387 of 2008(N) -------------------------- PETITIONER(S): --------------- P.K.RAJAGOPAL LECTURER IN POLITICAL SCIENCE N.S.S COLELG NENMARA, RESIDING AT ANANDABHAVANAM ASTAMUDI,KOLLAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 4. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, ATIRAMPUZHA ,KOTTAYAM. 5. N.S.S.COLLEGE CETNRAL COMMITTEE CHANGANASSERY REP BY ITS SECRETARY CHANGANASSERY. 6. PRINCIPAL, N.S.S. COLLEGE VAZHOOR. GOVERNMENT PLEADER SRI. SANDESH RAJU FOR R3 SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R5 SRI.P.GOPAL FOR R5 SRI. T.A. SHAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 26387/2008. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT. 10-7-2004. EXT.P2 APPROVAL ORDER DT. 2-9-2005. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R5(a) LETTER DT. 9-5-2005. EXT.R5(b) ORDER APPOINTING PETITIONER AS LECTURER DT. 29-11-2004. EXT.R5(c) RELEVANT PAGES OF COLLEGE CALENDAR ISSUED IN THE YEAR 1995-96. EXT.R5(d) DO. IN THE YEAR 1996-97. EXT.R5(e) ORDER DT. 7-8-1080. EXT.R5(f) OBJECTION DT. 3-1-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 26387 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of January, 2010. J U D G M E N T The petitioner in this writ petition is a Lecturer in Political Science in N.S.S. College, Nenmara. Petitioner's grievance in this writ petition is that although the University has approved the petitioner's appointment, the Government is not disbursing salary due to the petitioner. The petitioner submits that in view of the decision of the Division Bench in State of Kerala and others v. Arun George and others, 2009 KHC (4) 477), once the University approves the appointment, the Government cannot withhold salary due to the teacher. The petitioner therefore seeks the following reliefs: “(a) To call for the records leading to this case and peruse the same. (b) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse the salary of the petitioner as Lecturer in Political Science at NSS College, Vazhoor from 12-7-2004 to 30-11-2004 pursuant to Ext. P2 forthwith.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that in view of the said decision relied on by the petitioner, as long as the appointment stands approved, the Government cannot take the stand that they will not pay salary due to the petitioner on the ground that the appointment and approval are irregular. If the State has any disagreement with the approval granted by the University, it is for the Government to take up the matter with the University for cancellation of the approval or to challenge the approval appropriately. Learned counsel for the University submits that the Government has taken up the matter with the University and the University has taken the stand that the appointment was approved in accordance with law and therefore the W.P.C. No. 26387/08 -: 2 :- same does not require to be revised. In the above circumstances, the writ petition is disposed of with a direction to respondents 1 to 3 to see that salary due to the petitioner for his approved appointment is disbursed as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However, I make it clear that this is without prejudice to the right of the Government to challenge the approval appropriately in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/