IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WA.No. 1999 of 2007() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16842/2007 Dated 05/06/2007 .................... APPELLANT: (PETITIONER IN WP(C): ------------------------ CHINNAMMA THOMAS, W/O. LATE K.M.THOMAS, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA. BY ADV. SRI.M.C.CHERIAN RESPONDENTS: (RESPONDENTS IN WP(C): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. THE PRINCIPAL, NIRMALA COLLEGE, MUVATTUPUZHA. 4. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY ITS REGISTRAR. ADV. SRI.B.S.KRISHNAN(SR.),SC,SANSKRIT UTY. FOR R4 SRI.K.ANAND, SC, SANSKRIT UTY. FOR R4 SMT.LATHA KRISHNAN FOR R4 SRI.V.M.KURIAN FOR R3 SRI.MATHEW B. KURIAN FOR R3 SRI.K.T.THOMAS FOR R3 SRI.NAGARAJ NARAYANAN,SC,SREE SANK.UNIV FOR R4 SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1999 of 2007 ----------------------------------------------------------- Dated this the 26th August, 2008. JUDGMENT Koshy, J. Appellant's husband was appointed as Malayalam Lecturer in Nirmala College, Muvattupuzha on 1.8.1979. He was placed in the selection grade with effect from 23.5.1994. He joined Sri Sankaracharya University of Sanskrit as Reader in the department of Malayalam on 30.11.1994. While in service he died on 11.2.1997. The appointments made by Sri Sankaracharya University of Sanskrit was challenged before this Court and this Court set aside the entire appointments on technical reasons and services of those continued in service were terminated. Since most of them had joined the Sri Sankaracharya University giving up their employments in aided colleges, taking a lenient view it was decided to permit such teachers to rejoin their earlier institutions treating the period during which they were in service in the Sri Sankaracharya University as one under deputation. However, by Government order dated 7.10.1999 it was made clear that they are not entitled to salary for the period they were not working. As far as the petitioner's husband is concerned he died while in service when he was actually working in Sri Sankaracharya University. On the basis of the subsequent event consequent to the Government order at the maximum his service can be counted as on deputation from the institution where he was working W.A.No: 1999/07 2 before he joined Sri. Sankaracharya University, till he died. There is no question of paying up any back wages as till his death he worked on the deemed deputation. U.G.C. Scale was implemented with effect from 1.1.1996. University accepted the contentions and it also issued an order treating the period of service of the appellant's husband was from 30.11.1994 to 11.2.1997 as on deputation. 2. The claim of the appellant is that she is entitled to difference in U.G.C. Scale due to her husband from 1.1.1996 to 11.2.1997, date of his death. Appellant's husband continued in the University till his death on deputation. Government's stand is that the difference has to be paid by the Unniversity and corresponding contribution to pension also should be paid. In view of the University's order dated 31.7.2007 it is bound to pay the difference from 1.1.1996 to 11.2.1997. The pension also has to be refixed taking into account the last pay. Necessary contribution will have to be paid by the Sri. Sankaracharya University itself for the period in question. 3. Hence the Deputy Director of Collegiate Education is directed to give necessary orders for regularising the above. He is directed to make necessary orders so that the difference in salary for the period in question and fix revision of pension, gratuity and other retiral benefits W.A.No: 1999/07 3 consequent to the above. This shall be done within three months from the date of receipt of a copy of this judgment. Writ appeal is disposed of with the above directions. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: