IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 16245 of 2011(E) -------------------------------- PETITIONER: -------------- INDU M., LECTURER (SELECTION GRADE), HEAD OF THE DEPARTMENT, DEPARTMENT OF HISTORY, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. BY ADV. SRI.S.MUHAMMED HANEEF RESPONDENTS: ----------------- 1. THE PRINCIPAL, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA-688 001. 2. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM-695 034. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM-682 016. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 SRI.P.C.SASIDHARAN FOR R1 SMT. NISHA BOSE, GOVERNMENT PLEADER FOR R2 TO R5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16245/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.AC.FIII/2/27215/2003 DTD. 11.3.04 ISSUED BY R2. EXT. P2 : COPY OF ORDER No.AC.FIII/2/40196/2008 DTD. 22.1.09 ISSUED BY R2. ANNEXURES: ANNEXURE I : COPY OF CIRCULAR DTD. 9.2.04. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16245 OF 2011 --------------------------------------- Dated this the 13th day of October, 2011. J U D G M E N T The petitioner is working as Lecturer (Selection Grade) and Head of the Department, Department of History in the St.Joseph's College for Women, Alapuzha. After the appointment of the petitioner as Lecturer on 23.09.1993, he was placed as Lecturer (Senior Scale) with effect from 23.09.1999 which stands approved by the 2nd respondent University as per Ext.P1 order. Thereafter, on completion of the required number of five years, the petitioner was placed as Lecturer (Selection Grade) with effect from 23.09.2004 which also stands approved by the University as per Ext.P2 order. 2. The grievance raised in the writ petition is that in spite of the approval granted by the University, the respondents 3 and 4 are not honouring the salary bills in the revised scale stating that there is no sufficient work load. W.P.(C) No.16245/2011 2 3. The petitioner relies upon the decisions of this Court in Cherian Mathew vs. Principal S.B.College, Changanassery (1998 (3) ILR 1) and Shalini Rachel vs. Manager, Christian College (2007 (3) KLT 355) to contend for the position that once approval has been ordered by the University, the Government cannot refuse to disburse the salary. In the affidavit filed on behalf of the 4th respondent, what is averred is that there is no sufficient work load in the Department of History. 4. It is a case where the petitioner's placement as Lecturer (Selection Grade) stands approved by the University. The placement as Lecturer (Selection Grade) is granted on the basis of completion of the required number of five years in the grade of Lecturer (Senior Scale). As approval has been granted for appointment as Lecturer followed by approval for placement as Lecturer (Senior Scale), there is no basis for raising the objection that the work load did not satisfy the appointment of Lecturer. The said position has been reiterated by this Court in the judgment in W.P.(C) No.34582/2008 dated 30.09.2009. Apart from the same, the University has already approved the W.P.(C) No.16245/2011 3 placement as Lecturer (Selection Grade) and the learned counsel for the petitioner is well right in submitting that in the light of the decisions of this Court in Cherian Mathew vs. Principal S.B.College, Changanassery (1998 (3) ILR 1) and Shalini Rachel vs. Manager, Christian College (2007 (3) KLT 355), there cannot be any refusal to disburse the salary. Therefore, this writ petition is allowed. There will be a direction to the respondents 3 and 4 to disburse the salary including arrears to the petitioner as Lecturer (Selection Grade) in terms of the bills forwarded by the Principal within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp