IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 35660 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------ 1. SINDHU. K.V, LECTURER IN MALAYALAM, DEPARTMENT OF MALAYALAM, CO-OPERATIVE ARTS AND SCIENCE COLLEGE, MADAYI, KANNUR DISTRICT. 2. SUJATHA. P, LECTURER IN MALAYALAM, DEPARTMENT OF MALAYALAM, CO-OPERATIVE ARTS AND SCIENCE COLLEGE, MADAYI, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES, SRI.GEORGE MECHERIL. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 3. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR. 4. THE PRESIDENT, PAYYANNUR CO-OPERATIVE EDUCATIONAL SOCIETY LTD., NO.C. 583, PAYYANNUR, KANNUR DISTRICT, PIN - 670 307. R1 & R2 BY GOVERNMENT PLEADER MR.SANDESH RAJA. R3 BY ADV. SRI.M.SASEENDRAN, SC, KANNUR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35660/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS DATED 25/01/2008 OF THE 3RD RESPONDENT APPOINTING THE FIRST PETITIONER. EXT.P2: COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE 2ND PETITIONER. EXT.P3: COPY OF THE PROCEEDINGS OF THE VICE CHANCELLOR. EXT.P4: COPY OF THE ORDER NO.ACCD.B2/2421/1320/07(ii) DATED 12/03/2009 OF THE REGISTRAR, KANNUR UNIVERSITY. EXT.P5: COPY OF THE ORDER G.O.(MS)NO.162/99H.EDN. DATED 06/12/1999. EXT.P6: COPY OF THE G.O.(MS)NO.172/99/H.EDN. DATED 22/12/1999. EXT.P7: COPY OF THE ORDER NO.ACAD/A1/5284/98 DATED 14/07/2000. EXT.P8: COPY OF THE JUDGMENT DATED 10/02/2006 IN WP(C) NO. 3986/2006. EXT.P9: COPY OF THE COMMUNICATION DATED 08/12/2009 OF THE SECOND RESPONDENT. EXT.P10: COPY OF THE COMMUNICATION DATED 18/12/2009 OF THE REGISTRAR ADDRESSED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35660 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 J U D G M E N T The petitioners were appointed as Lecturers in Malayalam in the aided college run by the 4th respondent. The University has approved their appointments as evidenced by Exts.P3 & P4. The grievance of the petitioners is that the 2nd respondent is not disbursing salary due to the petitioners. The petitioners rely on several decisions of the Division Bench of this court including the latest one, namely, State of Kerala v. Arun George (2009 (4) KLT 972). 2. The learned Government Pleader, while admitting that the issue involved is covered by the Division Bench decision, would submit that, that decision is pending in appeal before the Supreme Court in an SLP. He would also point out that another Division Bench of this court has doubted correctness of the said decision and referred the W.P.(C)No. 35660 of 2009 -2- matter to a Full Bench. Whatever that be, in so far as this writ petition is concerned, I am bound by the several decisions of the Division Bench of this court at present, unless those decisions are overruled either by the Full Bench or by the Supreme Court. As such the petitioners have become entitled to the reliefs prayed for. Accordingly I direct the 2nd respondent to disburse the salary due to the approved appointments of the petitioners as expeditiously as possible, at any rate within one month from the date of receipt of the salary bill, for which the Principal of the college shall resubmit the salary bills expeditiously. This writ petition is allowed as above. S. SIRI JAGAN JUDGE shg/