IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 15439 of 2009(Y) -------------------------- PETITIONER(S): --------------- DR.PREMACHANDRAN KEEZHOTH, S/O.P.KANNAN, AGED 38 YEARS, JUNIOR LECTURER, DEPARTMENT OF ENGLISH, PAYYANNUR COLLEGE, PAYYANNUR, (RE-DEPLOYED AS HSST IN GOVT. HSS, UDINOOR, KASARAGOD). BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, KERALA STATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. 4. THE PRINCIPAL, PAYYANNUR COLLEGE, PAYYANNUR, KANNUR. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15439/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The main prayer in the writ petition is for a direction to the respondents to pass orders repatriating the petitioner to the post of Junior Lecturer in Payyannur College, Payyannur. The petitioner was originally appointed as Lecturer in English in the Payyannur College in 18/06/1996 and salary was being disbursed. Pursuant to the Government Order delinking Pre-Degree, he was also deployed to the Government Higher Secondary School, Udinoor, Kasaragod in the post of H.S.S.T. He joined there as per Ext.P3 order on 02/05/2003. He was continuing in the school and was getting salary from the College. 2. The order of deployment was challenged by the petitioner and several other teachers in O.P.No.2797/2003 which was disposed of by Ext.P4 judgment. In Ext.P4 judgment it was made clear that the teachers who are deployed to Higher Secondary Schools and who are qualified to teach in Colleges should be allowed to go back to their respective Colleges as and when vacancies arise in such colleges. It was also directed that the teaching staff who are deployed to Higher Secondary Schools from the W.P.(C). No.15439/2009 -:2:- Colleges should be allowed to retain their lien in the College so that as and when vacancies arise in their department they will be able to go back to their Colleges. 3. Presently, a vacancy has arisen in the College after the assessment of work load. The petitioner has also acquired Ph.D in English going by Ext.P6. The petitioner thereafter represented to the first respondent to have a repatriation to the College. Accordingly, the management granted permission as per Ext.P8 for his repatriation subject to the approval of the Director of Collegiate Education, Thiruvananthapuram and the Government of Kerala and Kannur University. By Ext.P9, the Principal has informed the Director of Collegiate Education that a retirement vacancy has arisen in the College due to the retirement of Sri.K.K.Mathew, Lecturer Selection Grade, Department of English and going by the strength fixed the sanctioned teaching posts are 8, and the existing strength is 7. The application of the College for repatriation was recommended by the Deputy Director of Collegiate Education, Kozhikode to the Director of Collegiate Education, as evidenced by Ext.P10 dated 26/08/2008. It is clearly mentioned in Ext.P10 that the details mentioned in the representation filed by the petitioner are as per that sanctioned in the work load adalath by Director of Collegiate Education, Thiruvananthapuram. The letter also shows that the petitioner is a senior W.P.(C). No.15439/2009 -:3:- member awaiting repatriation. Exts.P11 to P13 are orders passed by the Government in the case of similarly placed persons. 4. It is clear now, from the averments in the writ petition, that the matter is pending before the Government as recommended by the Deputy Director of Collegiate Education. The petitioner has also filed Ext.P7 representation through the Principal of the College before the Government. 5. Therefore, what is required is a formal approval on Ext.P7 representation of the petitioner, and as sought for by the College. Hence, there will be a direction to the first respondent to consider Ext.P7 along with the recommendation made by the Deputy Director of Collegiate Education reflected in File No.32671/D/H.Edn., dated 24/10/2008 and appropriate orders will be passed within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms