IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 37526 of 2007(P) -------------------------------------- PETITIONER(S): --------------------- SHEELA F.CHRISTINA ,AGED 41 YEARS W/O. PEARSON LEE, LECTURER SENIOR SCALE DEPARTMENT OF HISTORY,MALABAR CHRISTIAN COLLEGE KOZHIKODE. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR OF COLLEGEATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA,REPRESENTED BY THE SPECIAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE MANAGER MALABAR CHRISTIAN COLLEGE KOZHIKODE. 5. THE PRINCIPAL, MALABAR CHRISTIAN COLLEGE KOZHIKODE. 6. UNIVERSITY OF CALICUT,REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY PO KOZHIKODE. 7. DISTRICT TREASURY OFFICER DISTRICT TREASURY OFFICE KOZHIKODE. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 TO R3 & R7 ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R6 ADV. SRI.MILLU DANDAPANI FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 37526/2007-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 31/10/1996 ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE PROCEEDINGS DATED 25/10/2004 OF THE 4TH RESPONDENT. EXT.P3: COPY OF THE ORDER ISSUED BY THE 6TH RESPONDENT DATED 04/10/2006. EXT.P4: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 18/08/2007. EXT.P5: COPY OF THE APPOINTMENT ORDER ISSUED TO GODWIN SAM RAJ DATED 31/10/1996. EXT.P6: COPY OF THE APPOINTMENT ORDER ISSUED TO C.H.JAYASREE DATED 05/12/1996. EXT.P7: COPY OF THE APPOINTMENT ORDER ISSUED TO SRI.N.M.SUNNY DATED 22/08/96. EXT.P8: COPY OF THE COMMON PROMOTION ORDER ISSUED IN RESPECT OF N.M.SUNNY AND C.H.JAYASREE. EXT.P9: COPY OF THE PROMOTION APPROVAL ORDER ISSUED BY THE UNIVERSITY IN RESPECT OF SRI.GODWIN SAM RAJ. EXT.P10: COPY OF THE JUDGMENT DATED 19/12/2002 IN O.P. NO.31349/2002 OF THIS HONOURABLE COURT. EXT.P11: COPY OF THE JUDGMENT DATED 03/02/2003 IN W.P.(C). NO. 3806/2003 OF THIS HONOURABLE COURT. EXT.P12: COPY OF THE G.O.P NO.171/99 H.EDN. DATED 21/12/1999. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. ============== W.P.(C) NO. 37526 OF 2007 (P) ==================== Dated this the 14th day of November, 2008 J U D G M E N T In so far as this writ petition is concerned, the petitioner is a lecturer working in Malabar Christian College, Kozhikode and was placed in the senior scale w.e.f. 1/10/2001 by Ext.P2 order dated 25/10/2004. University approved her placement by Ext.P3 order. However, the Deputy Director rejected the salary bills on the ground that he was awaiting orders in the Government and Ext.P4 is the communication issued. 2. Petitioner submits that on identical reasons, approvals rejected have been interfered by this Court following the Division Bench in Cherian Mathew v. Principal S.B.College, Changanassery (1998(2) KLT 144) and he refers to Exts.P10 and P11 judgments. It is also pointed out that the petitioner's colleagues who were appointed by Exts.P6 and P7 were also similarly placed in the senior scale by Exts.P8 and P9. It is stated that in so far as they are concerned, no objection of any nature has been raised and that their salary bills has been countersigned and they are in receipt of the monetary benefits arising out of their placement in the senior scale. 3. As already noticed, the University has approved the placement WPC 37526/07 :2 : of the petitioner in the selection grade by Ext.P3, and similar objections raised have been overruled and relief has been granted in Exts. P10 and P11 judgments. This court has also held in Cherian Mathew v. Principal S.B.College, Changanassery (1998(2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007(3) KLT 355) that once University has granted approval, the same is binding on the Deputy Director. Such being the case, the objection raised by Ext.P4 is unsustainable. Therefore, in the light of Exts.P10 and P11 judgments and also the aforesaid two judgments, petitioner is entitled to succeed. 4. Writ petition will therefore stand disposed of quashing Ext.P4 and directing the 5th respondent to draw the salary bill and arrear salary bills of the petitioner in the scale as applicable in the lecturer senior scale and present the same before the 1st respondent, who shall thereupon countersign the same so that monetary benefits will be disbursed to the petitioner. The 5th respondent shall draw the bill within 4 weeks of production of a copy of this judgment and produce the same before the 1st respondent who shall pass final orders in this matter within 4 weeks thereafter. ANTONY DOMINIC, JUDGE Rp