IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 35720 of 2009(H) -------------------------- PETITIONER(S): --------------- MRS.SWAPNA ANTONY,D/O.ANTONY, AGED 33 YEARS,LECTURER-MALAYALAM,CO-OPERATIVE ARTS & SCIENCE COLLEGE,MADAYI,PAYYANGADI, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REP.BY THE SPECIAL SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,SECRETARAIT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,NORTH ZONE,KOZHIKODE. 4. THE KANNUR UNIVERSITY,REPRESENTED BY IT'S REGISTRAR,MANGATTUPARAMBA,KANNUR. 5. THE MANAGER,CO-OPERATIVE ARTS AND SCIENCE COLLEGE,MADAYI,KANNUR (PRESIDENT PAYYANNUR CO-OPERATIVE EDUCATIONAL SOCIETY LTD,NO.C-853, PAYYANNUR). 6. THE PRINCIPAL,CO-OPERATIVE ARTS AND SCIENCE COLLEGE,MADAYI,KANNUR. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R4 SRI.B.PREMNATH (E) FOR R5 GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 35720/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.3.3.07 OF THE SOCIETY. P2. COPY OF THE SANCTION ORDER DTD.6.12.99. P3. COPY OF THE GOVT. ORDER DTD.22.12.99. P4. COPY OF THE ORDER DTD.14.7.2000 OF THE UNIVERSITY. P5. COPY OF THE JUDGMENT IN W.P.(C).No. 3986/2006 OF THIS COURT. P6. COPY OF THE LETTER DY. SECRETARY, HIGHER EDUCATIONAL DEPT., DTD.16.8.2006. P7. COPY OF THE COMMUNICATION DTD.13.11.2006. P8. COPY OF THE COMMUNICATION OF THE UNIVERSITY DTD.19.5.2006. P9. COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE DTD.9.2.2007. P10. COPY OF THE ORDER OF APPROVAL DTD.12.3.09. P11. COPY OF THE ORDER OF THE REGISTRAR, KANNUR UNIVERSITY, DTD.12.3.09. P12. COPY OF THE JUDGMENT IN W.A.NO.2529/2005 OF THIS COURT. P13. COPY OF THE REPRESENTATION DTD.28.11.2009. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 35720 of 2009 ================== Dated this the 18th day of February, 2010 J U D G M E N T The petitioner is a Lecturer in Malayalam in the 5th respondent's college. The petitioner has filed this writ petition seeking the following reliefs: “a) Issue a Writ of Mandamus or such other appropriate Writ, order or direction directing the third respondent to approve the salary bill of the petitioner and direct disbursement of salary along with arrears to the petitioner from 09.03.2007 onwards till date with interest as expeditiously as possible in the interest of justice, in terms of Exhibit P12 Judgment of this Hon'ble Court. b) Issue any such interim orders as this Hon'ble Court may deem fit and proper in the circumstances of this case.” 2. However, for the present, the petitioner would be satisfied with a direction to the 3rd respondent to consider and pass orders on Ext.P13 in the light of Ext.P12 judgment. 3. The learned Government Pleader would oppose the consideration in the light of Ext.P12 judgment on the ground that Ext.P12 judgment cannot govern the issue. I am not inclined to go into that question in this writ petition. Now that Ext.P13 is pending before the 3rd respondent, it is only appropriate that the 3rd respondent considers and passes orders on Ext.P13 expeditiously. 4. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider and pass orders on Ext.P13 as expeditiously as possible, at any rate, within two months 2 from the date of receipt of a certified copy of this judgment after affording an opportunity of being heard the petitioner as well as the 5th respondent. It would be open to the petitioner to rely on Ext.P12 judgment also, in which case, the 3rd respondent shall consider the applicability of that judgment to the petitioner's case. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge