IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 23892 of 2007(T) -------------------------------------- PETITIONERS: --------------------- 1. LENI STEPHEN, SENIOR LECTURER, DEPARTMENT OF CIVIL ENGINEERING, M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM. 2. SHIBI VARGHESE, LECTURER (SELECTION GRADE), DEPARTMENT OF CIVIL ENGINEERING, M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR OF TECHNICAL EDUCATION, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOTHAMANGALAM. 4. THE MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN, R4 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23892/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 08/02/1995 ISSUED BY THE R.2. EXT.P.2: COPY OF THE ORDER DTD. 09/06/1997 ISSUED BY THE R.3. EXT.P.3: COPY OF THE ORDER DTD. 14/07/1997 ISSUED BY THE R.3. EXT.P.4: COPY OF THE ORDER DTD. 05/08/1997 ISSUED BY THE R.3. EXT.P.5: COPY OF THE ORDER G.O. DTD. 10/01/1992 ISSUED BY THE GOVT. EXT.P.6: COPY OF THE ORDER DTD. 25/10/1994 ISSUED BY THE R.4. EXT.P.7: COPY OF THE ORDER DTD. 06/01/1995 ISSUED BY THE R.4. EXT.P.8: COPY OF THE ORDER DTD. 13/03/1992 ISSUED BY THE R.4. EXT.P.9: COPY OF THE ORDER DTD. 05/06/1995 ISSUED BY THE R.4. EXT.P.10: COPY OF THE ORDER DTD. 25/09/1997 ISSUED BY THE GOVERNMENT. EXT.P.11: COPY OF THE COMMUNICATION DTD. 22/07/1998 ISSUED BY THE R.2. EXT.P.12: COPY OF THE REPRESENTATION DTD 12/01/1998 FILED BY THE PETITIONERS BEFORE THE R.1. EXT.P.13: COPY OF THE ORDER DTD. 20/05/2000 ISSUED BY THE GOVERNMENT. EXT.P.14: COPY OF THE JUDGMENT DTD. 21/06/2007 IN W.P.(C).NO.9563/2006 ETC. OF THIS HON. COURT. EXT.P.15: COPY OF THE JUDGMENT DT. 26/03/2003 IN O.P. NO. 21817/2002 ETC. OF THIS HON. COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. ============== W.P.(C) NO. 23892 OF 2007 (T) ==================== Dated this the 7th day of November, 2008 J U D G M E N T Petitioners 1 and 2 are lecturers in the MA College of Engineering, Kothamangalam. They were appointed as lecturers in the Civil Engineering Department on a regular basis w.e.f. 7/6/95. Prior to their regular appointment, both petitioners have rendered service for various spells of time during the period 92 to 94. By Exts.P6 to P9, University approved the broken periods of service and the regular appointment also has been approved. However, their claim for salary for the broken period of service has been rejected by Exts.P1 to P4 relying on Ext.P5 Government order. 2. Contending that identical claims have been upheld by this court in Exts. P14 and P15 judgments, petitioners represented to the 1st respondent and their claims were rejected by Ext.P13. It is in these circumstances, they have filed this writ petition seeking to quash Exts.P1 to P4 and Ext.P13. 3. As already stated, the broken period of service rendered by the petitioners in leave vacancies was for various spells during the period 1992 to 1994. These have been approved by the University as is seen from Exts.P6 to P9. Exts. P1 to P4 would show that the respondents have relied WPC 23892/08 :2 : on Ext.P5 order, to negative the claim for salary. It is the correctness of this stand of the respondents that calls for resolution in this writ petition. 4. Ext.P5 is a copy of GO(P) No.63/92/Fin dated 10/1/92, enforcing certain new economy measures. Clause i and vii, being relevant are extracted below for reference. (i) No new posts shall be created in any of the Government Departments. This restriction shall apply to Public Sector Undertaking as well in respect of their existing operations. (vii) Leave vacancies upto 3 months shall not be filled up. 5. A reading of this order shows that, by this order Government have directed that no new posts shall be created in any of the Government Departments. Proceeding further, it is also stated that leave vacancies upto to three months shall not be filled up. According to the petitioners, this order is intended only to be applicable to Government departments. Prima facie, it would appear to be so. 6. In my view, even if the aforesaid interpretation is not otherwise, still the case of the petitioners is covered by Exts.P14 and P15 judgments rendered by this Court. Ext.P14 is the judgment rendered by this Court in Shalini Rachel v. Manager, Christian College (2007(3) KLT 355) where this Court has held that once appointment of a Lecturer WPC 23892/08 :3 : in a College is approved by the University concerned, Government is bound by such approval. Ext.P15 is the judgment rendered by this Court in O.P No. 21268/02 and connected cases,where this Court has held that by executive orders, the University statutes cannot be amended and that once under the University statutes approval is granted, Government is bound by the same. Apart from the irrelevant distinction that these judgments were in respect of Arts and Science College and that the petitioners are working in an Engineering College, the learned Government Pleader could not point any sound reason for not following these judgments. 7. In this case, approval has been granted by the University as per Exts.P6 to P9. If that be so, the Government is bound by such approval and cannot wriggle out of their statutory liability to pay salary to the petitioners. 8. For these reasons, I am satisfied that Exts.P1 to P4 and Ext.P13 cannot be sustained and these orders will stand quashed. 9. The writ petition is therefore disposed of directing respondents 1 to 3 to disburse the salary due to the petitioners for the service rendered by them on the basis of their appointments as approved by the University WPC 23892/08 :4 : as per Exts. P6 to P9. This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp