IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 8055 of 2009(B) ------------------------------------- PETITIONER: ------------------- R.SREEKANDAN NAIR,LECTURER,(SELECTION GRADE),DEPARTMENT OF POLITICAL SCIENCE,N.S.S.HINDU COLLEGE, CHANGANASSERY. BY ADV.MR.S.MUHAMMED HANEEFF. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR ATHIRAMPUZHA, KOTTAYAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 BY MR. T.A. SHAJI, S.C, M.G.UNIVERSITY, R2 & R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8055/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO.3865/AC.BV/2/2007 ACAD DT. 05/09/2008 ISSUED BY THE R.1. EXT.P.2: RELEVANT EXTRACT OF G.O.(P).NO.171/99/H. EDN. DT. 21/12/1999. EXT.P.3: COPY OF THE G.O.(P).NO.59/2004/H. EDN. DT. 07/06/2004. EXT.P.4: COPY OF THE CIRCULAR DTD. 20/05/2000 ISSUED BY THE UNIVERSITY OF KERALA. RESPONDENTS' EXHIBIT: EXT.R1: COPY OF THE EXTRACT FROM G.O.(P).NO.171/99/H. EDN. DTD. 21/12/99. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. --------------------------- W.P.(C) No. 8055 OF 2009 -------------------------- Dated this the 27th day of January, 2010 J U D G M E N T The petitioner was appointed as Lecturer in Political Science in an aided college owned by the Nair Service Society with effect from 27.2.1992. The said appointment was approved by the University. Thereafter, the petitioner was placed as Lecturer, Senior Scale, with effect from 27.7.1998. That placement was also approved by the first respondent University. Thereafter the management placed the petitioner in Selection Grade with effect from 27.2.2003, which placement was also approved by the University. The petitioner's grievance in this writ petition is that salary in the selection grade has not been paid to him. According to the petitioner, in view of various decisions of this Court such as Cherian Mathew v. Principal S.B Colleges (1998 (3) ILR 1), Shalini Rachel v. Manager, Christian Colleges (2007 (3) KLT 355) & State of Kerala v. Arun George (2009 (4) KLT 972), once the University approves the appointment, respondents 2 and 3 cannot withhold payment of salary in the approved post. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader opposes the prayers of the petitioner on the ground that since the Government is the authority to pay W.P.(C) No. 8055 of 2009 2 salary to the petitioner, the Government is entitled to object to the approval. But it is not disputed before me that despite the Government taking up the mater with the University, as evidenced by letter dated 28.10.2009 from the Registrar to the second respondent, which is produced by the University along with memo dated 17.12.2009, the University has taken the stand that the appointment of the petitioner in the Selection Grade has been rightly approved by the University. That being so, as long as the approval stands, the respondents 2 and 3 cannot withhold salary due to the petitioner as per the approval of the University. If the respondents 2 and 3 are still aggrieved by the approval, their remedy lies in challenging the approval appropriately. In the above circumstances, this writ petition is allowed. Respondents 2 and 3 are directed to see that the salary due to the petitioner in the post of Lecturer (Selection Grade) is disbursed to the him as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However this would be without prejudice to the right of respondents 2 and 3 to challenge the approval granted by the University appropriately. S.SIRI JAGAN, JUDGE vps