IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 5001 of 2007(U) ------------------------------------ PETITIONER: ------------------ LEENA DEENJA N.G. LECTURER SELECTION GRADE, DEPARTMENT OF PHYSCIS, ST.XAVIER'S COLLEGE FOR WOMEN, ALUVA. BY ADV. SRI.BABU VARGHESE SMT.MANJU ANTONEY RESPONDENTS: ---------------------- 1. THE MANAGER, ST.XAVIER'S COLLEGE FOR WOMEN, ALUVA. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHIHINI HILLS P.O. KOTTAYAM. 3. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVN, P.M.G.JUNCTION, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R3, R4 & R5 ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, ALONG WITH WPC NO. 18911 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5001/2007-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF APPROVAL ISSUED TO THE PETITIONER ON HER PLACEMENT AS SENIOR GRADE LECTURER DATED 16/09/2003. EXT.P2: COPY OF THE ORDER OF APPROVAL GRANTED TO THE PETITIONER BY THE UNIVERSITY ON HER PLACEMENT AS SELECTION GRADE LECTURER, DATED 22/04/2005. EXT.P3: COPY OF THE G.O.(MS)NO.209/96 H EDN. DATED 24/12/1996 ON RECKONING BROKEN PERIOD OF SERVICE. EXT.P3(a): COPY OF THE UNIVERSITY ORDER AC. BV-1-798-05 DATED 19/12/2005 DIRECTING TO RECKON BROKEN PERIOD OF SERVICE. EXT.P4: COPY OF THE LETTER SENT BY THE 5TH RESPONDENT DATED 03/12/2005 RETURNING THE SALARY BILL OF THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 15/09/2006 SENT BY THE 5TH RESPONDENT TO THE PRINCIPAL, ST. XAVIER'S WOMEN COLLEGE ALUVA, REJECTING THE CLAIM. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE GOVT. LETTER DATED 24/04/06. //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.5001/07 & 18911/2007 ----------------------------------------------------------- Dated this the 16th day of October, 2008 JUDGMENT In so far as WP(c).No.5001/2007 is concerned, the petitioner was appointed as a Lecturer under the first respondent, initially in a leave vacancy for the period from 11.12.1989 till 17.4.1990 and from 26.11.1990 to 23.7.1996. Thereafter, she was appointed against the substantive vacancy with effect from 24.7.1996 and is continuing as such. Taking her entire service, she was granted Senior Scale with effect from 27.7.1998 and that was approved by the University as per Ext.P3. Thereafter, on completion of the required service, Selection Grade was conferred on the petitioner with effect from 6.8.2001. That was also approved by the University as per Ext.P2. However, the Deputy Director of Education raised WP(c).Nos.5001&18911/2007 2 objections by Exts.P4 and P5. It was thereupon that the writ petition has been filed. Petitioner contends that, even as per Ext.P3 Government ordered that broken services are to be counted. 2. Petitioner in WP(c).No.18911/2007 also was appointed initially in leave vacancy for the period 1.9.1994 to 2.3.1995, under the first respondent. The University approved her appointment by Ext.P1. Thereafter she was appointed in substantive vacancy on 25.7.1997 and that was also approved by the University as per Ext.P1(a). Being a Ph.D holder she completed the required extent of service and was conferred Senior Grade with effect from 22.1.2001. That was also approved by Ext.P2 order of the University. The Manager made proposal for payment of the salary and other benefits by Ext.P3 and thereupon the Deputy Director raised objection. On receipt of the querry raised by the Deputy Director, the University, issued Ext.P5 (a) reiterating the correctness of the approval granted by WP(c).Nos.5001&18911/2007 3 them. It would appear that still unsatisfied, the Deputy Director took up the matter with the Director as per Ext.P6. It was at that stage the writ petition has been filed. 3. This court had occasion to deal with identical claims raised by the Lecturers like the petitioner in several cases and one of the judgments rendered in identical circumstance is WP(c).No.34367/2007. In that writ petition following the earlier judgments of this court rendered in Cherian Mathew V. Principal, S.B. College, Changanacherry(1998(2)KLT 144) and in Shalini Rachel V. Manager, Christian college (2007(3) KLT 355), this court has held that once the University has approved the appointment, the Deputy Director is bound by the same applying the law as laid down by the Division Bench. Facts being similar, these writ petitions deserve to be allowed. Accordingly, it is declared that the petitioners are entitled to salary and other benefits as applicable to them following the Selection Grade granted to the petitioner in WP WP(c).Nos.5001&18911/2007 4 (c).No.5001/2007 and Senior Grade granted to the petitioner in WP(c).NO.18911/2008 with effect from the respective dates. Needless to say that consequential benefits will be released to the petitioner within 3 months from the date of receipt of the bill. ANTONY DOMINIC JUDGE vi. WP(c).Nos.5001&18911/2007 5