IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 1961 of 2004(H) ------------------------------------- PETITIONER: ------------------- FR.K.J.JOSEPH S/O. JOHN K.G., AGED 49 YEARS, LECTURER, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS: ----------------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 2. PRINCIPAL, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KUTHUPARAMBA, KANNUR DISTRICT, PIN- 670 701 3. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. R1 BY GOVT. PLEADER SRI. RAVIKRISHNAN, R2 BY ADV. SRI.B.PRAMOD, R3 BY ADV.M.SASEENDRAN,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 11/11/2008, ALONG WITH W.P.(C). NO. 7994/2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1961/2004-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 03/01/2002 ISSUED BY THE MANAGER, NIRMALAGIRI CILLEGE, NIRMALAGIRI. EXT.P.2: COPY OF THE ORDER DTD. 26/03/2003 ISSUED BY THE R.3. EXT.P.3: COPY OF THE LETTER DTD. 10/04/2003 ISSUED BY THE R.2. TO THE R.1. EXT.P.4: COPY OF THE LETTER DTD. 29/10/2003 ISSUED BY THE R.1. TO THE R.2. EXT.P.5: COPY OF THE JUDGMENT DTD. 22/08/2003 IN W.P.(C). NO.26862/2003 OF THE HONOURABLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.1961/04,7994/06 & 14603/06 ----------------------------------------------------------- Dated this the 11th day of November, 2008 JUDGMENT Ext.P4 orders in these cases are under challenge. 2. Petitioners were appointed as Lecturers and by Ext.P1 in these cases, they were conferred senior scale and that was approved by the 3rd respondent University as per Ext.P2 orders produced in these cases. This was forwarded to the first respondent who issued Ext.P4, which indicates that Ext.P2 can be acted upon only after receipt of further directions from the Government. According to the petitioner, in view of the stand taken by the first respondent in Ext.P2, they are not disbursed the salary and allowances consequent on Ext.P1. It is in these circumstances these writ petitions have been filed. WP(c).No.1961/04 & conn. 2 3. In several cases of this nature, this court has held that once the University has approved the appointment or conferment of higher scale to a Lecturer, the Deputy Director of Collegiate Education is bound by such approval. In these cases, the 3rd respondent University has approved the Senior Scale granted to the petitioner as per Ext.P2 orders produced in these writ petitions. If that be so, the Deputy Director is bound to act upon the same. For that reason, Ext.P4 order cannot be sustained. Accordingly, Ext.P4 orders will stand set aside and the Deputy Director is directed to accept Ext.P2 and pass consequential orders enabling petitioners to receive monetary and other benefits consequent on Ext.P1 orders in these cases. Petitions are allowed as above. Consequential benefits will be released as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC vi JUDGE WP(c).No.1961/04 & conn. 3