IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 8281 of 2008(J) ------------------------------------ PETITIONER: ------------------- C.P.DEEPTHY,LECUTURER SELECTION GRADE IN MATHEMATICS, SANATHANA DHARMA COLLEGE, ALAPPUZHA. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, SANATHANA DHARMA COLLEGE SANATHANAPURAM, ALAPPUZHA. GOVT. PLEADER SRI. T.T. MOHAMMED FOR R1 & R2, ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8281/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DTD. 24/09/1991. EXT.P.2: COPY OF THE TRANSFER ORDER ISSUED TO THE PETITIONER DTD. 03/01/1992. EXT.P.3: COPY OF THE -DO- DTD. 26/02/1992. EXT.P.4: COPY OF THE PROCEEDINGS OF THE UNIVERSITY DTD. 28/03/1995. EXT.P.5: COPY OF THE ORDER ISSUED BY THE UNIVERSITY DTD. 05/08/2006. EXT.P.6: COPY OF THE LETTER ISSUED BY THE UNIVERSITY DTD. 17/10/2007. EXT.P.7: COPY OF THE COMMUNICATION ISSUED BY THE R.2. DTD. 26/02/2008. EXT.P.8: COPY OF THE G.O. (P) 4/2008/HDN DTD. 14/01/2008. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE CLARIFICATION ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION DTD. 05/12/2005. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.8281/2008 ----------------------------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT The petitioner rendered service as a Lecturer for broken periods such as 24.9.1991 to 2.1.1992, 31.1.1992 to 20.2.1992 and from 21.2.1992 to 31.3.1992. Thereafter she was appointed under the 4th respondent on a regular basis with effect from 1.4.1992 evidenced by Ext.P3. Appointment was approved by the University as per Ext.P4. 2. Still later, she was granted senior grade with effect from 24.5.1998 and selection grade with effect from 24.9.2001. These were also approved by the University as per Ext.P5. The Deputy Director took objection to the counting of the broken service prior to 1.4.1992 and that was clarified by the University as is seen from Ext.P6. 2 Despite this, the Deputy director, by Ext.P7 took the position that conferment of Selection Grade to the petitioner was irregular. It is in this background this writ petition has been filed. 3. Though the Government Pleader has canvassed for the correctness of the stand taken by the Deputy Director, still I am satisfied that the petitioner is entitled to the relief as prayed for. Following the Division Bench judgment in Cherian Mathew V. Principal, S.B. College, Changanacherry (1998(2) KLT 144) and in Shalini Rachel V. Manager, Christian College 2007(3)KLT 355), several similar writ petitions have disposed of taking the view that once the University has approved the conferment of senior grade or selection grade, the Deputy Director is bound by the same. It was on that basis, the relief has been granted in such identical cases. Therefore, this writ petition also is disposed of quashing Ext.P7 and directing the 2nd respondent to grant all benefits to the petitioner following Ext.P5. This shall be done, as expeditiously as possible and at any rate within 8 3 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC vi JUDGE 4