IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35076 of 2009(D) -------------------------- PETITIONER(S): --------------- DR.RAJU ABRAHAM,LECTURER (SELECTION GRADE)IN POLITICS M A COLLEGE,KOTHAMANGALAM. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.R.REKESH RESPONDENTS: --------------- 1. STATE OF KERALA,REP.BY IT'S SECRETARY TO THE GOVERNMENT,HIGHER EDUCATION(C)DEPARTMENT, SECRETARAIT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,ERNAKULAM. 4. THE REGISTRAR,MAHATMA GANDHI UNIVERSITY, ETTUMANNOOR,KOTTAYAM. 5. THE PRINCIPAL M A COLLEGE, KOTHAMANGALAM. BY SR. GOVT. PLEADER SRI.A.J VARGHESE SC , MG UTY SRI. T.A SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35076 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T The petitioner herein is working as a Lecturer Selection Grade (Politics) in M.A College, Kothamangalam. The main relief sought for in the writ petition is for a direction to disburse the salary in the promotion scale with arrears forthwith. He was appointed initially as Lecturer in the Department of Politics in the college on 21.10.1992 which was approved as per Ext.P1 order. Later he was promoted as Lecturer Senior Scale which was approved as per Ext.P2, with effect from 24.10.1997. His promotion as Lecturer Selection Grade has been approved by the University as per Ext.P3. 2. Even now the petitioner is being paid the salary in the Lecturer Senior Scale. Hence the petitioner by Ext.P4 representation invited the attention of the 1st respondent in the matter. But even then no action was taken by the authorities concerned. By Ext.P5, the Deputy Director of Collegiate Education has sought for appropriate sanction from the Government . Thereafter, W.P ( C) No.35076 of 2009 2 the petitioner has filed a representation as Ext.P6 before the Government. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Learned counsel for the petitioner submits that Ext.P5 will show that after the University had granted approval, again the matter was taken up before the University by the Deputy Director of Collegiate Education. The University has confirmed the same as per proceedings dated 11.4.2008 which is evident from Ext.P5 itself. It is therefore submitted that in the light of the decisions of the Division Bench of this Court in Cherian Mathew Vs. Principal, S.B College, Changanassery [1998 (2) KLT 355] and Shalini Rachel Vs. Manager, Christian College [2007 (3) KLT 355], the payment of salary due to the petitioner cannot be withheld. 5. In the light of the fact that by Ext.P5 sanction has been sought by the Deputy Director of Collegiate Education and as the petitioner has also moved the Government as per Ext.P6, there will be a direction to the W.P ( C) No.35076 of 2009 3 1st respondent to take a decision in the matter within a period of two months from the date of receipt of a copy of this judgment in the light of the principles stated in decisions of this Court referred to above. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.35076 of 2009 4 W.P ( C) No.35076 of 2009 5