IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 12489 of 2007(J) -------------------------- PETITIONER: ------------ 1. SINDHU T.S, GUEST LECTURER, DEPARTMENT OF COMMERCE, N.S.S.COLLEGE, PANDALAM. RESIDING AT SEEMA NIVAS, VAZHAMUTTOM EAST, VAZHAMUTTOM P.O., MALLASSERY, PATHANAMTHITTA. 2. SANDHYA VIJAYAN, GUEST LECTURER, DEPARTMENT OF COMMERCE, N.S.S.COLLEGE, PANDALAM. PAYIKKATTU PUTHENVEEDU, KAIPATTOOR P.O., PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF SMT.K.RASHMI SMT.HASEENA BEERAN RESPONDENTS: ------------- * 1. PRINCIPAL, N.S.S.COLLEGE, PANDALAM. (DELETED) (*1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 28/09/2007 IN THE WRIT PETITION) 2. MANAGER/SECRETARY, N.S.S.COLLEGES CENTRAL COMMITTEE, OFFICE OF THE SECRETARY, CHANGANASSERY-2. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 4. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. UNIVERSITY GRANTS COMMISSION, REP. BY ITS CHAIRMAN, BHAHADUR SHA SAFAR MARG, NEW DELHI. WP(C) No. 12489/2007 7. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, UNIVERSITY CAMPAS, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL SHRI.T.T.MAHAMOOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 12489/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPOINTMENT ORDER ISSUED TO 1ST PETITIONER BY 2ND RESPONDENT DATED 31/05/2005. P2 : COPY OF APPOINTMENT ORDER ISSUED TO 2ND PETITIONER BY 2ND RESPONDENT DATED 13/06/2005. P3 : COPY OF APPROVAL ORDER ISSUED BY DIRECTOR / CDC UNIVERSITY OF KERALA DATED 19/07/2005. P4 : COPY OF COMMUNICATION ISSUED BY THE UNIVERSITY OF KERALA TO THE 1ST RESPONDENT DATED 27/08/2005. P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED NIL. P6 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT. // TRUE COPY // PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.12489 OF 2007 ---------------------------------------- Dated this the 12th day of February, 2008 JUDGMENT The petitioners were appointed as Guest Lecturers in Commerce in N.S.S. College, Pandalam in leave vacancies of two Selection Grade Lecturers, who have been selected for higher studies under the Faculty Improvement Programme of the U.G.C. The Director, College Development Council and the UGC Nodal Officer as per instructions received from the UGC, informed the 1st respondent that the honorarium of Guest Lecturers were enhanced from 5,000/- to Rs.10,000/- per month. The petitioners' complaint is that in spite of these facts, the petitioners are not being paid salary. 2. The learned Government pleader opposes the prayers. According to him, it has to be ascertained whether the lecturers who have been granted leave, in whose places the petitioners have been appointed, are excess teachers or not. I am of opinion that, that question does not arise here at all. Admittedly the teachers, who were sent for higher studies under the Faculty W.P.(C) No.12489/07 2 Improvement Programme are approved teachers, who were drawing salary. Only for teaching subjects, which were being taught by those Lecturers, the petitioners have been appointed. The entire funds for payment of salary to these Guest Lecturers are paid by the UGC. The State does not have to incur any expenditure from its coffers for payment of salary to these petitioners. As such, I am of opinion that the State cannot have any objection in paying the salary to these petitioners. Accordingly there would be a direction to the 3rd respondent to see that the honorarium payable to the petitioners are paid within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(C) No.12489/07 3