IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 5315 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ 1. M.R.PADMAKUMARI,LECTURER IN MATHEMATICS, M.S.M.COLLEGE, KAYAMKULAM, ALAPPUZHA DISTRICT. 2. VIJAYALAKSHMI.S, LECTURER IN MATHEMATICS, M.S.M.COLLEGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): --------------------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MSM COLLEGE, KAYAMKULAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 5.STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.M.RAJAGOPALAN NAIR R2 BY ADV. MR.R.RAJASEKHARAN PILLAI R3 TO R5 BY SR. GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5315/2009 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NOAc.F.T.2.565/MISC./89 DTD. 19/05/09. EXT.P2: COPY OF THE ORDER NO.Ac.F.T.2.265/MISC/89 DTD. 9/10/91. EXT.P3: COPY OF THE APPOINTMENT ORDER NO.G1/868/08 DTD.2/6/2008. EXT.P4: COPY OF THE APPOINTMENT ORDER NO.G1/871/TS/08 DTD. 2/06/2008. EXT.P5: COPY OF THE ORDER NO.Ac.F1/1/030034/2008 DTD.21/10/08. EXT.P6: COPY OF THE GOVERNMENT ORDER DTD. 11/07/2008. EXT.P7: COPY OF THE G.O.(MS) NO.63/2008/H.EDN. DTD. 23/06/2008. EXT.P8: COPY OF THE INTERIM ORDER IN W.P.C.NO.15438/08 DTD. 18/07/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. -------------------------------------- W.P.(C)No.5315 of 2009 ------------------------------------- Dated 23rd March, 2009 JUDGMENT Heard both sides. 2. The first petitioner was initially appointed as Lecturer in Mathematics in the leave vacancy of Smt.Suseela.M during the period from 6.11.1989 to 20.12.1989. That said appointment was approved. The second petitioner was likewise appointed in the leave vacancy of Sri.Shajahan.A during the period from 6.11.1989 to 20.12.1989. That appointment was also approved. Later, they were re-appointed as per Exts.P3 and P4 orders issued on 2.6.2008 against the retirement vacancies of Smt.P.G.Tharamma and Smt.V.S.Susamma respectively. The said appointments were also approved by the University of Kerala. However, the Deputy Director of Collegiate Education objected to payment of salary and allowances to them on the ground that prior permission of the Government had not been obtained before they were appointed. 3. Exts.P3 and P4 disclose that the petitioners were appointed against retirement vacancies. The Department had no W.P.(C).5315/2009 2 objection in payment of salary and allowances to the incumbents who retired. Further, though this Court had by order passed on 5.3.2009 directed the official respondents to state whether they had any objection to payment of salary and allowances to the incumbents in whose retirement vacancies the petitioners were appointed, till date they have not chosen to file a counter affidavit. I am, therefore, prima facie satisfied that the objection raised by the Deputy Director of Collegiate Education to the payment of salary and allowances to the petitioners with effect from 2.6.2008, the date on which their appointments were approved by the University of Kerala, is not tenable. I accordingly direct the respondents to disburse to the petitioners the salary and allowances applicable to the post of Lecturer in Mathematics with effect from 2.6.2008. Payment as directed above shall be made within a period of one month from the date of receipt of the arrear bill from the Principal of College. The respondents shall also continue to pay to the petitioners, salary and allowances at the applicable rates. The writ petition is disposed of accordingly. P.N.RAVINDRAN JUDGE TKS