IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WA.No. 1094 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31994/2007 Dated 17/12/2007 .................... APPELLANTS: RESPONDENTS 1 TO 3 IN THE WPC: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA RESPONDENTS: PETITIONERS & RESPONDENTS 4 & 5 IN THE WPC: ----------------------------------------------------------------------------------------------------- 1. SR.GRACY C.C., D/O.CHANDY, LECTURER, DEPARTMENT OF ENGLISH, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KANNUR DISTRICT. 2. OUSEPACHAN K.V., S/O.VARKEY, LECTURER, DEPARTMENT OF ENGLISH, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KANNUR DISTRICT. 3. KANNUR UNIVERSITY, REP. BY ITS REGISTRAR, KANNUR. 4. THE MANAGER, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KANNUR DISTRICT. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY - R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1094 of 2008 --------------------------------------- Dated this the 18th day of June, 2008 Judgment Koshy,J. Petitioners were Junior Lecturers working in the Nirmalagiri College and they were deployed to the Higher Secondary Schools on delinking of pre-degree course from the colleges. The management of Nirmalagiri College where the petitioners were working informed petitioners 2 and 3 that vacancies have arisen in the parent college and if they want they can join duty in the respective posts against existing vacancies. Exts.P6, P8 and P9 communications show the existing number of students and vacancies. In view of the vacancies existing, they were re-deployed to the college on the basis of Ext.P2 judgment. The University has approved the above also, but, salary was not paid. The learned single Judge held as follows: "In so far as the University has approved the appointments, going by the Division Bench judgments in Cherian Mathew v. Principal S.B.College, Changanacherry (1998 (2) KLT 1441); Shalini Rachel v. Manager, Christian College (2007 (3) KLT 355) and Manger, Pazhassiraja College v. University of Calicut (2007 (3) KLT 776), the Government is bound to pay salary to the approved teachers." W.A.No.1094/2008 2 According to the learned Government Pleader, Government has passed Anenxure A1 order by which an additional course of B.A. History, Tourism and Journalism was sanctioned with a specific condition that no additional financial commitment should be given on the part of the Government. The writ petitioners were appointed in the existing course in English where there were vacancies as per the approved staff strength and petitioners' services were approved by the University. Annexure A1 is applicable only to new course started on self-financing scheme and judgment in W.A. No.2529 of 2005 produced as Annexure A4 is also regarding the new course started by the college. These petitioners were appointed originally in 1995 and they were once deployed to the Higher Secondary School and re-deployed to the College when vacancies arose and Annexure A1 has no application as regards the petitioners are concerned. The learned single Judge has correctly considered the matter and we see no ground to interfere with the same. The appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No.1094/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No.1094 of 2008 ------------------------------------- Judgment Dated:18th June, 2008