IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 4577 of 2004(T) ------------------------- PETITIONER: --------------- V.SUBASH KUMAR, AGED 43 YEARS, LECTURER, V.T.M.N.S.S. COLLEGE, DHANUVACHAPURAM, RESIDING AT GEETHANJALI, T.C.40/.1477, KUTTIKKADU JUNCTION, MANACADU P.O., TRIVANDRUM-9. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.AJAKUMAR SRI.R.ARUN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 3. THE PRINCIPAL, V.T.M.N.S.S.COLLEGE, DHANUVACHAPURAM. 4. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. FOR R4 SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R3 SRI.P.GOPAL FOR R3 GOVERNMENT PLEADER FOR R1 & 2 SRI.S.GOPAKUMARAN NAIR, SC KERALA UTY. FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4577/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.GA 11/E2/661/93 DT 20.11.93 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P2: TRUE COPY OF THE PROMOTION ORDER DT 3.3.2001 NO.D/1226/2001 ISSUED BY THE SECRETARY, N.S.S. COLLEGE, CENTRAL COMMITTEE. EXT.P3: TRUE COPY OF THE ORDER NO.AC F V/8701/2001 DT 29.5.2002 ISSUED BY THE 4TH RESPONDENT. EXT.P4: TRUE COPY OF THE ORDER NO.F1 8442/03 DT. 3.12.03 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 4577 OF 2004 T ==================== Dated this the 17th day of September, 2008 J U D G M E N T By Ext.P1 order dated 20/11/93, petitioner was appointed as a lecturer w.e.f. 18/11/92 in the 3rd respondent College. Subsequently, by Ext.P2 order, he was placed in the senior scale w.e.f.18/11/1997 and the same was approved by the University w.e.f. 27.7.98 as per Ext.P3. The bills submitted for sanctioning salary to the petitioner on the basis of Ext.P2 were not countersigned by the 2nd respondent and objections were raised by Ext.P4. It is at that stage writ petition was filed. 2. In the writ petition, an interim order was passed on 9.2.04, directing the 2nd respondent to fix appropriate salary of the petitioner and to take steps for realising the same, subject to the final orders in the writ petition. It is now revealed that during the pendency of this writ petition, on 30/3/2006, petitioner was placed in the selection grade w.e.f.27/7/03 and that by order dated 6.6.06, the University approved his placement in the selection grade as ordered by the management. The salary bill was also counter signed by the Deputy Director on 22/3/2008 and salary as is admissible in the selection grade is being paid to the petitioner. 3. Learned counsel for the petitioner contends that Ext.P4 order WPC 4577/04 :2 : is unsustainable so long as his placement in the senior scale has been approved by the University by Ext.P3 order. Counsel for the petitioner also relies on the judgment of this court in OP Nos. 2636/03 and 31696/03. 4. In my view, in this case, it is for the Deputy Director to consider the bill submitted following the petitioner's placement in the senior scale and he has not so far passed any orders thereon. This is what is required to be done at this stage, although salary as applicable to senior scale was being paid to the petitioner following the interim order dated 9.2.2004. 5. Therefore, the writ petition is disposed of with the following directions. (i) That the 2nd respondent shall pass orders on the bill submitted from the college following Exts.P2 and P3. This shall be done, as expeditiously as possible. (ii) It is directed that it will be open to the Deputy Director to seek any clarification that he deems fit from the 4th respondent in this matter. (iii) It is directed that in the meanwhile, salary as is now being paid to the petitioner shall be continued to be paid. ANTONY DOMINIC, JUDGE Rp