IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 11349 of 2010(P) -------------------------- PETITIONER(S): --------------- THE SECRETARY, MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGALAM. BY ADV. SRI.GEORGE JACOB (JOSE) SMT. N.G.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. *3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM *(IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 27.5.2010.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.11349 OF 2010 -------------------------------------------- Dated this the 5th day of July, 2010 JUDGMENT The petitioner is the Manager of the Mar Athanasius College, Kothamangalam. According the petitioner, six posts of Peons and two posts of L.D.Typists are lying vacant in the Mar Athanasius college in terms of Ext.P1 revised staff pattern. The said college run by the petitioner is classified as A Grade. Admittedly, the strength of the non-teaching staff of the said college as per the revised staff pattern includes two posts of L.D Typists and six posts of peons. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to depute a government nominee to enable the petitioner to constitute a Selection Committee as envisaged under Clause 46 Part C of Chaper 45 of the M.G.University Statutes to select and appoint two typists and six peons against the posts sanctioned as per Ext.P1. According to the petitioner, six persons who were recruited to the post of peon in accordance with the provisions in the year 1997 have been promoted to the categories of Laboratory Assistants, Library Assistants and L.D Clerks. In short, those appointees are not presently available in the cadre of peon. W.P.(C) NO.11349/2010 2 2. The learned Government Pleader, upon instructions, submitted that the salary bills submitted in respect of the non teaching staff of the college run by the petitioner till recently, would reveal the existence of six persons in the category of Peons. That apart, it is submitted that the Manager has also addressed to the government on 1.7.2010 regarding the approval of appointment of six Peons who were appointed in the year 1997. Therefore, according to the Government Pleader, the petitioner is not entitled to the reliefs sought for in this Writ petition. 3. A scanning of the facts expatiated above would reveal that the very question of approval of appointment of six persons recruited to the post of Peon is still pending before the Government. They were appointed as peons as early as in the year 1997. According to the petitioner, those persons were appointed pursuant to the selection conducted by a duly constituted Committee. At the same time, it is the contention of the respondents that the said appointments are yet to be approved. In view of the aforesaid situation, it is evident that the question of fresh appointments would arise only after approval of such appointments effected in the year 1997. In the absence of such steps, there would not be any vacancy at all for effecting further selection. The learned counsel for the petitioner submits that on account of the non-approval of W.P.(C) NO.11349/2010 3 appointment of those appointees, they are not able to draw their salary and at the same time, the college is also facing difficulties. Taking into account all the aforesaid aspects, this Writ Petition is disposed of with the following directions: The first respondent shall pass orders on the question of approval of appointment of six Peons who were appointed as such in Mar Athanasius College in the year 1997 and the decision on the aforesaid issue shall be taken by the first respondent expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In case the vacancies in the category of Typists are available, the first respondent shall consider the question to deputing a nominee to constitute a Selection Committee to fill up the vacancies available in the said category. Based on the decision on the subject of approval of appointments of the six persons mentioned above, the petitioner will be free to take steps in the matter of further selection, in accordance with law. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.11349/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.11349/2010 5