IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 20352 of 2004(W) -------------------------- PETITIONERS: --------------- 1. AMINA. S., LECTURER IN ZOOLOGY, MILAD-E-SHERIFF MEMORIAL COLLEGE, KAYAMKULAM, ALLEPPEY DISTRICT. 2. ELIZABETH SAMUEL, LECTURER IN ZOOLOGY, MILAD-E-SHERIFF MEMORIAL COLLGE, KAYAMKULAM, ALLEPPEY DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. THE PRINCIPAL, MILAD-E-SHERIFF MEMORIAL COLLGE, KAYAMKULAM, ALLEPPEY DISTRICT. ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. FOR R2 GOVERNMENT PLEADER SMT. T.B. REMANI FOR R1 & 3 SRI.S.GOPAKUMARAN NAIR, SC KERALA UTY. FOR R2 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 20352 OF 2004 (W) = = = = = = = = = = = = = = = Dated this the 22nd day of October 2008 J U D G M E N T Petitioners submit that they have approved service from 1988 and were re-appointed with effect from 5.1.2000. According to them, approval was declined and thereupon they filed a writ petition as W.P.(C) No. 18464/2003. That was disposed of by Ext. P4 judgment issuing directions as contained in paragraph 18 thereof. The University thereafter issued Ext. P5 conveying approval of appointment. However, the salary bill was returned with an endorsement to the effect that clarification is awaited from the higher authorities. It is on account of this uncertainty, the writ petition has been filed. 2. In this writ petition, an interim order was passed by this Court on 20.8.2004, recording an undertaking of the petitioners that the salary that is paid to them by way of an interlocutory arrangement will be refunded in case the writ petition is dismissed. On that basis, an interim order was passed by this Court directing W.P.(C) No.20352/04 [W] - 2 - the 3rd respondent to countersign the bills presented by the 4th respondent and take steps to disburse the salary and other eligible allowances to the petitioners. It is stated that in pursuance to the said order salary and other allowances have been paid to them and in the meanwhile the 2nd petitioner has retired from service and has received all terminal benefits. 3. Even as on now, according to the learned Govt. Pleader, the clarification from the University has not been received. A final decision in this matter by the Deputy Director is possible, only on receipt of the clarification. Taking note of the situation, I dispose of this writ petition with the following directions: (1) That the 2nd respondent shall furnish to the 3rd respondent the clarification in regard to the appointment of the petitioners. This shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. (2) On receipt of the clarification as above, the 3rd respondent shall take a decision on the admissibility of the claims of the petitioners and such a decision shall be taken as expeditiously as possible, at any rate within 4 weeks thereafter. W.P.(C) No.20352/04 [W] - 3 - (3) In this context, I also note from the additional affidavit filed by the petitioners that subsequent to their appointment, in 2005, one Girish was appointed as Lecturer and that his appointment has been approved and salary has been paid without any objection. This certainly is a matter for the 2nd respondent to take note of when final decision is taken in this matter. 4) Until the issue is given a finality, payment of salary as ordered by this Court in the order dated 20.8.2004 will be continued to be paid. ANTONY DOMINIC JUDGE jan/-