IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 36091 of 2007(V) -------------------------------------- PETITIONER(S): ---------------------- 1. AJITHA CHANDY, SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, C.M.S.COLLEGE, KOTTAYAM. 2. SARA CHANDY, SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, C.M.S.COLLEGE, KOTTAYAM. BY ADV. MR.K.M.KURIAN MR.P. VIJAYAKUMAR RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 2. THE PRINCIPAL, C.M.S.COLLEGE, KOTTAYAM. 3. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM. R1 BY SR.GOVERNMENT PLEADER SMT.T.B. REMANI. R3 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 36091/2007-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER OF FIRST PETITIONER. EXT.P2: COPY OF THE APPOINTMENT ORDER OF FIRST PETITIONER AGAINST SUBSTANTIVE VACANCY. EXT.P3: COPY OF THE APPROVAL ORDERS. EXT.P4: COPY OF THE APPROVAL ORDER. EXT.P5: COPY OF THE APPOINTMENT ORDER OF SECOND PETITIONER. EXT.P6: COPY OF THE APPROVAL ORDER. EXT.P7: COPY OF THE APPROVAL ORDER. EXT.P8: COPY OF THE JUDGMENT IN WP(C) NO. 8645/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36091 of 2007-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009. JUDGMENT The petitioners are working in the Chemistry Department in the second respondent's college. Both of them are working as Selection Grade Lecturers. The main relief sought for in the writ petition is for a direction to the first respondent to grant the salary and U.G.C. placement arrears of Lecturer Selection Grade scale on Rs.12,000-420-18,300/- with effect from 6.6.2004 and 21.6.2001 to petitioners 1 and 2 respectively. 2. The respondents have filed separate counter affidavits and the first respondent has filed an additional counter affidavit which is made available by the learned counsel for the petitioner. Going by the counter affidavit filed by the University dated 1.1.2008, the appointments/promotions have been approved by. The University has also stated that they have not received any communication from the Government or Deputy Director of Collegiate Education regarding the matter. 3. In the additional counter affidavit filed by the first respondent pursuant to the interim order passed by this court on 27.5.2009, Exts.R1(a) and R1(b), which are communications issued by the first respondent and the reminder dated 25.8.2008 addressed to the Registrar of the University have been produced. By the said communications, the Deputy Director has 36091/2007 2 sought clarification in respect of the second petitioner alone. As regards the first petitioner, it is submitted in the additional counter affidavit that the promotion as Lecturer Selection Grade with effect from 6.6.2004 has been approved as per letter No.F1/11693/05 dated 8.7.2008 and consequential benefits were also released. 4. Therefore, what remains is the consideration of the objection raised by the first respondent in respect of the second petitioner by the University. In that view of the matter, the writ petition is disposed of directing the third respondent to consider the communications seeking clarification forwarded by the first respondent dated 22.3.2008 and 25.8.2008, copies of which have been produced as Ext.R1(a) and Ext.R1(b) before this court and to give an appropriate reply as already directed by this court in the light of Ext.P8 judgment. Appropriate action will be taken by the third respondent within two months from the date of receipt of a copy of this judgment. On receipt of the clarification issued by the University, respondents 1 and 2 will take appropriate action within a further period of six weeks. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/