IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 1986 of 2008(J) -------------------------------------- PETITIONER(S): ------------------------- SHAJU VARGHESE, LECTURER IN MALAYALAM, ST.PETER'S COLLEGE, KOLENCHERRY RESIDING AT: VATHYAMPILLIYIL HOUSE, THRIKKALATHOOR P.O., MUVATTUPUZHA. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENT(S): --------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, P.O., KOTTAYAM. 2. ST.PETER'S COLLEGE, REPERSENTED BY ITS PRINCIPAL, KOLENCHERRY, ERNAKULAM DISTRICT. 3. ST.PETER'S COLLEGE TRUST, REPRESENTED BY ITS SECRETARY, KOLENCHERRY, ERNAKULAM DISTRICT. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CENTRAL ZONE, ERNAKULAM. 6. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT , THIRUVANANTHAPURAM. ADV. SRI. T.A.SHAJI, SC, M.G.UTY FOR R1 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1986/2008 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF APPOINTMENT NO.S.12/2002(1) DTD. 02/01/2002 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE APPOINTMENT ORDER NO.S12/2002 DTD. 01/04/2002 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE JUDGMENT DTD. 26/03/2003 IN OP.NO.21817/2002 AND CONNECTED CASES. EXT.P4: COPY OF THE ORDER NO.Ac.B.IV-3-1497/93 VOL.II DTD. 18/03/2004 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DTD. 03/02/2005 PASSED BY THIS HON'BLE COURT IN WP(C) NO.3966/2005. EXT.P6: COPY OF THE PROCEEDINGS HELD BY THE VICE-CHANCELLOR OF THE 1ST RESPONDENT UNIVERSITY ON 31/03/2005. EXT.P7: COPY OF THE ORDER NO.Ac.BIV 3-1497/93 VOL.II DTD. 06/05/2006 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXT.P8: COPY OF LETTER NO.ESTT.TS.355/06 DTD. 14/07/2006 ISSUED BY THE PRINCIPAL OF THE 2ND RESPONDENT COLLEGE TO THE 5TH RESPONDENT DEPUTY DIRECTOR OF COLLEGIATE EDUCATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ============== W.P.(C) NO. 1986 OF 2008 (J) ==================== Dated this the 18th day of November, 2008 J U D G M E N T The main prayer in this writ petition is to disburse the salary due to the petitioner for the period of his appointment as Lecturer in Malayalam in the 2nd respondent College during the period 2/1/2002 to 2/6/2002 in a leave vacancy. The third prayer is to count the aforesaid period of service for the purpose of placement in the senior scale. Counsel for the petitioner submits that subsequent to the filing of the writ petition, salary for the aforesaid period has been disbursed and therefore the prayer does not arise for consideration. Now that the salary has been paid, the writ petition is closed leaving open the claim of the petitioner for reckoning the aforesaid service for the purpose of his placement in senior scale and it will be open to the petitioner to pursue his claim before the appropriate authorities. ANTONY DOMINIC, JUDGE Rp