IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 35572 of 2008(I) ------------------------------- PETITIONER: -------------- RACHEL THOMAS, AGED 50 YEARS, W/O.ADVOCATE GEORGE KOSHY, LECTURER - SELECTION GRADE DEPARTMENT OF PHYSICS, CATHOLICATE COLLEGE, PATHANAMTHITTA. BY MR.V.PHILIP MATHEW, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR KOTTAYAM. 4. PRINCIPAL, CATHOLICATE COLLEGE, PATHANAMTHITTA. BY MR.K.SHAJ, ADVOCATE, FOR R4. MR.SAJJU.S, ADVOCATE, FOR R4. MRT.A. SHAJI, SC, M.G.UNIVERSITY FOR R3. MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.35572/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 7.7.03 ISSUED BY R3. EXT. P2 : COPY OF ORDER DTD. 1.12.2005 ISSUED BY R2 MODIFYING EXT. P1 AND APPROVING PETITIONERS APPOINTMENT AS SELECTION GRADE LECTURER FROM 9.9.98. EXT. P3 : COPY OF LETTER DTD. 20.4.06 FROM PRINCIPAL TO R2. EXT. P4 : COPY OF LETTER DTD. 25.6.07 FROM R2. EXT. P5 : COPY OF LETTER DTD. 17.9.07 FROM R4. EXT. P6 : COPY OF G.O. DATED 24.12.96. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35572 OF 2008 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The petitioner who is working as Lecturer (Selection Grade) in the Department of Physics, Catholicate College, Pathanamthitta has approached this Court by filing this writ petition seeking mainly for a direction commanding the 2nd respondent to countersign and pass the salary/arrears bills of the petitioner in the post of Lecturer (Selection Grade) with effect from 09.09.1998 within a time limit to be specified by this Court. 2. The petitioner was first appointed as Lecturer in Physics on 29.08.1982 in a temporary vacancy. She was promoted as Selection Grade Lecturer after her earlier promotion as Senior Grade Lecturer by the Manager. The provisional promotion was approved by the Syndicate as per Exhibit P1 with effect from 09.09.2000. Subsequently, Exhibit P1 was modified and the petitioner's promotion as Selection Grade Lecturer was provisionally approved with effect from 09.09.1998. This is evidenced by Exhibit P2. W.P.(C) No.35572/2008 2 3. The Principal of the College, as per Exhibit P3, forwarded the promotion orders provisionally issued by the University to the 2nd respondent for verification. Exhibit P4 is the reply given by the 2nd respondent seeking for service details of the petitioner, which were forwarded by the 4th respondent as per Exhibit P5. It is averred in paragraph 5 of the writ petition that the 2nd respondent has not given concurrence for the revised promotion so far. The petitioner therefore, seeks intervention of this Court for payment of salary and due benefits. 4. Learned Government Pleader on getting instructions from the 2nd respondent submits that the promotion as Selection Grade Lecturer with effect from 09.09.1998 in respect of the petitioner was approved as per office letter No.C1/3547/2006 dated 03.06.2009 and the same has been released to the Principal. It is explained that the delay has been caused due to administrative exigencies. 5. In the light of the above, it is further pointed out that the arrear salary for the concerned period consequent on approval of revised promotion in respect of the petitioner will be W.P.(C) No.35572/2008 3 admitted and released soon after the receipt of the same from the concerned Principal. Therefore, this writ petition is disposed of directing the Principal to forward the arrear bills etc. in respect of the petitioner to the 2nd respondent expeditiously and on receipt of the same, the same will be honoured without any further delay. T.R. RAMACHANDRAN NAIR JUDGE smp