IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 8787 of 2010(W) ------------------------- PETITIONER(S): ---------------------- MATHEWS JACOB, LECTURER (SELECTION GRADE) IN PHYSICAL EDUCATION, M A COLLEGE, KOTHAMANGALAM. BY ADVS. MR.KKM.SHERIFF MR.LAL K.JOSEPH MR.A.A.ZIYAD RAHMAN MR.V.R.REKESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY, ETTUMANOOR, KOTTAYAM. 5. THE PRINCIPAL M.A COLLEGE, KOTHAMANGALAM. R1 TO 3 BY GOVERNMENT PLEADER SMT.T.B.REMANI R4 BY STANDING COUNSEL MR.T.A.SHAJI R5 BY MR.GEORGE JACOB (JOSE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ---------------------- WP(C) No.8787 of 2010 ------------------------------------------- Dated this the 5th day of April 2010 J U D G M E N T The petitioner is a Lecturer in M.A College, Kothamanagalam, which is an aided college. The petitioner's appoinment was approved and the petitioner was drawing salary. While so, the University approved the placement of the petitioner as Lecturer (Senior Scale) and Lecturer (Selection Grade) on 28.11.1999 and 28.11.2004 respectively. Petitioner's grievance in this writ petition is that despite approval of the placement by the University, the respondnets 1 to 4 are not disbursing salary due to the petitioner in the scales of pay applicable to the placement. According to the petitioner in view of the various decisions of the Division Benches on the same issue, including the decision in State of Kerala v. Arun George 2009 (4) KLT 972, once the University approves the placement, the respondents 1 to 3 cannot take a stand that such approval is WP(C) NO.8787 OF 2010 2 irregular and refuse to pay salary in the higher scales of pay applicable. 2. The learned Government Pleader on instructions would submit that the approval of the promotions of the petitioner is irregular, in so far as, service which could not have been counted for placement has been so counted. 3. I have considered the rival contentions. 4. This court has time and again held that once the University approves appointment, the Teachers are entitled to be paid salary in accordance with such approval. This court has further held that, if the Government has got a case that the approval is irregular, their remedy lies in taking up the matter with the Univeristy or in challenging the approval itself in appropriate proceedings. In view of the said decisions, I allow this writ petition and direct the repsondents 1 to 3 to see that the arrears of salary due to the petitioner in the scales of pay applicable to Lecturer (Senior Scale) and Lecturer (Selection Grade) be disbursed WP(C) NO.8787 OF 2010 3 to the petitioner, inaccordance with the approval granted by the University as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgement. 5. However, I make it clear that the above would be subject to the right of Government to take up the validity of the approval before University or to challenge the orders of the Univeristy approving the placements appropriately. S.SIRI JAGAN JUDGE DMB