IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 30050 of 2006(B) ---------------------------------------- PETITIONERS: ---------------------- 1. DR. MANJU KURIEN, LECTURER IN CHEMISTRY, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. RESIDING AT PARAPPATTU, PANICHAYAM, NEDUNGAPARA P.O., ERNAKULAM DISTRICT. 2. ANNU ANNA VARGHESE, LECTURER IN CHEMISTRY, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM, RESIDING AT KULIRANKAL HOUSE, THODUPUZHA, IDUKKI DISTRICT. 3. BINU VARGHESE, LECTURER IN CHEMISTRY, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. RESIDING AT PARAYIL HOUSE, NEAR KALA AUDITORIUM, KOTHAMANGALAM. 4. A.M.ELDOSE, LECTURER IN ECONOMICS, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. RESIDING AT ASSARUKUDIYIL HOUSE, VADATTUPARA P.O., KOTHAMANGALAM. 5. DR. BINU ANTONY, LECTURER IN BOTANY, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. RESIDING AT KIZHAKKEBHAGATH, MULLENKOLLY, PULPALLY, WAYANAD-673 579. 6. SMITHA THANKACHAN, LECTURER IN PHYSICS, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. RESIDING AT CHAKALAKKAL POKADIYIL, BY PASS ROAD, KOTHAMANGALAM. BY ADV. SRI.K.P.DANDAPANI (SR.) Kss ...2/- ....2.... WPC.NO.30050/2006 B RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, DEPARTMENT OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 4. MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGALAM, KERALA, REPRESENTED BY ITS SECRETARY. 5. THE PRINCIPAL, MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGALAM, KERALA. R1 & R2 BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA R3 BY SRI. T.A. SHAJI, SC, M.G.UTY BY ADV. SRI.GEORGE JACOB (JOSE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30050/2006 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF APPOINTMENT ORDER DTD.2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. EXT.P1(A); COPY OF APPOINTMENT ORDER DTD.2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. EXT.P1(B): COPY OF APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER. EXT.P1(C): COPY OF MINUTES APPENDED WITH APPOINTMENT ORDER DTD.2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS 1 TO 3. EXT.P1(D): COPY OF APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. EXT.P1(E): COPY OF MINUTES ACCOMPANYING THE APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. EXT.P1(F): COPY OF APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER. EXT.P1(G): COPY OF MINUTES ACCOMPANYING APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER. EXT.P1(H): COPY OF APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER. EXT.P1(I): COPY OF MINUTES ACCOMPANYING APPOINTMENT ORDER DTD. 2/06/2005 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER. EXT.P2: COPY OF STATEMENT SHOWING WORKLOAD IN THE DEPARTMENT OF CHEMISTRY IN THE 4TH RESPONDENT COLLEGE. EXT.P2(A): COPY OF STATEMENT SHOWING WORKLOAD IN THE DEPARTMENT OF ECONOMICS IN THE 4TH RESPONDENT COLLEGE. Kss ..2/- ...2..... WPC.NO.30050/2006 B EXT.P2(B): COPY OF STATEMENT SHOWING WORKLOAD IN THE DEPARTMENT OF PHYSICS IN THE 4TH RESPONDENT COLLEGE. EXT.P2(C): COPY OF STATEMENT SHOWING WORKLOAD IN THE DEPARTMENT OF BOTANY IN THE 4TH RESPONDENT COLLEGE. EXT.P3: COPY OF ORDER, G.O.(RT) NO.1115/2004/H.EDN. DTD. 17/08/2001. EXT.P4: COPY OF ORDER G.O.(MS) NO.95/2006/H.EDN.DTD. 10/08/2006. EXT.P5: COPY OF REPRESENTATION PREFERRED BY THE 1ST PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P5(A): COPY OF REPRESENTATION PREFERRED BY THE 2ND PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P5(B): COPY OF REPRESENTATION PREFERRED BY THE 3RD PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P5(C): COPY OF REPRESENTATION PREFERRED BY THE 4TH PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P5(D): COPY OF REPRESENTATION PREFERRED BY THE 5TH PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P5(E): COPY OF REPRESENTATION PREFERRED BY THE 6TH PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA ON 13/09/2006. EXT.P6: COPY OF THE ORDER, VIDE NO.1227/Ac.B11/2008/Acad DTD. 26/03/2008 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.30050 OF 2006 ---------------------------------------- Dated this the 11th day of April, 2008 JUDGMENT The petitioners are Lecturers appointed by the manager of Mar Athanasius College, Kothamangalam. The petitioners filed the writ petition seeking approval of the appointments and disbursal of salary. The petitioners have now filed I.A.No.5105/08 wherein they have produced Ext.P6 approval from the University. The petitioners, therefore, seek a direction to the 2nd respondent to disburse the salary due to the petitioners. 2. The learned Government Pleader submits that the Government may be permitted to take up the matter with the University regarding the eligibility of the petitioners for approval. 3. I have heard the arguments on both sides. I dispose of this writ petition with the following directions. The 2nd respondent may address the University regarding W.P.(c)No.30050/06 2 the validity of the approval of the petitioners’ appointments. After one month if the approval still stands, the 2nd respondent shall take appropriate steps to disburse the salary due to the petitioners within a period of another one month. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.30050/06 3