IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 13499 of 2009(F) ---------- -------------------------- PETITIONERS: --------------------- 1. THE MANAGER, ST.XAVIER'S COLLEGE, KOTHAVARA P.O., VAIKOM, KOTTAYAM DISTRICT. 2. THE PRINCIPAL, ST.XAVIER'S COLLEGE, KOTHAVARA P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, REPRESENTED BY THE REGISTRAR. 3. LINCY ALEX, D/O. THOMAS CHANDY, URUMBACKAL HOUSE, NERCHAPPARA, ERUMELI, KOTTAYAM DISTRICT. 4. HEMALATHA P.K., LATHA VIHAR, PALLURUTHY, COCHIN-6, RESIDING AT JYOTHI NANDANAM, CMC V/736, CHERTHALA P.O., ALAPPUZHA DISTRICT. R1 BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL R2 BY STADING COUNSEL SRI.T.A.SHAJI ADV. SRI.M.RAJAGOPALAN NAIR FOR R3 & R4 SRI.G.BIJU FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13499 OF 2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 9.11.1998 ISSUED BY THE 1ST RESPONDENT EXT.P2 TRUE COPY OF THE ORDER DATED 13.11.1998 ISSUED BY THE 2ND RESPODENT EXT.P3 TRUE COPY OF THE COMMON JUDGMENT DATED 13.11.2008 IN W.P.(C) NO.20452/2006 AND W.P.(C) NO.13251/2007 EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 2.4.2009 SUBMITTED BY THE PETITIONERS ALONG WITH DETAILED STATEMENT. / TRUE COPY / S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.13499 of 2009 ------------------------------------------ Dated this the 7th day of September, 2009 JUDGMENT A.K.Basheer, J. When this writ petition is taken up for consideration today, learned Government Pleader accepts notice for respondent No.1. Sri.T.A.Shaji, learned Standing Counsel, accepts notice for respondent No.2. Sri.M.Rajagopalan Nair accepts notice on behalf of respondents 3 and 4. 2. The primary contention raised by the petitioners, who are respectively the Manager and Principal of an aided college is that they cannot be fastened with the liability to pay arrears of salary to respondent No.2 who had worked in their college as lecturer. According to them, the Government is bound to pay the salary since the college had been remitting the entire tuition fees collected from the students to the Treasury. Learned counsel submits that petitioners have highlighted their WP(C) No.13499 of 2009 - 2 - grievances in Ext.P4 representation submitted by them before the Government. 3. Having heard learned counsel for the parties and having perused the materials available on record, we are satisfied that respondent No.1 can be directed to consider Ext.P4 representation within a time frame. 4. Therefore, the writ petition is disposed of with a direction to respondent No.1 to consider and pass orders on Ext.P4 in accordance with law after giving an opportunity to the petitioners to be heard, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns