IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 16217 of 2004(E) -------------------------- PETITIONER(S): --------------- 1. SMITHA CHACKO, GUEST LECTURER IN MICRO BIOLOGY, PAZHASSI RAJA COLLEGE, PULPPALLY, WAYANAD. 2. BABU V.S. GUEST LECTUER IN COMMERCE, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 3. ZEPHYR.C.KOTTAYIL, GUEST LECTUER IN MICRO-BIOLOGY, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 4. SINDHU MOL V.R. GUEST LECTUER IN MICRO BIOLOGY, PAZHASSIR RAJA COLLEGE, PULPALLY, WAYANAD. 5. SMITHA ELIZEBETH KURIAKOSE, GUEST LECTURER IN MICRO BIOLOGY, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 6. NEEMA NARAYANAN, GUEST LECTUER IN BIO-CHEMISTRY, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 7. SONA VALSARAJ, GUEST LECTURER IN BIOCHEMISTRY, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 8. VINCY K.T. GUEST LECTURER IN COMPUTER APPLICATION, PAZHASSI RAJA COLLEGE, PULPALLY, WAYANAD. 9. MANJUSHA GEORGE, GUEST LECTUER IN COMMERCE, PAZHASSIRAJA COLLEGE, PULPALLY, WAYANAD. BY ADV. SRI.B.MOHANLAL SMT.K.P.SREELATHA RESPONDENT(S): --------------- 1. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, SOUTH ZONE, KOZHIKODE. 4. THE SUB TREASURY OFFICER, SUB TREASURY, PULPALLY, WAYANAD. GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, ALONG WITH WPC NO. 13568 OF 2005 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C. NO. 16217/2004. ---------------------------------------------------------------------- EXT.P1 TRUE COPY OF GOVT. ORDER DT. 17-10-1997. EXT.P2 GOVT. ORDER DT. 21-3-1998. EXT.P3 DO. DT. 18-12-1999. EXT.P4 CIRCULAR DT. 19-3-2000. EXT.P5 ORDER DT. 9-11-1998. EXT.P6 ORDER DT. 16-12-1999. EXT.P7 APPOINTMENT ORDER DT. 28-6-2002 EXT.P7(a) DO. DO. EXT.P7(b) DO. DT. 31-5-2003 EXT.P7(c) DO. DT. 31-5-2003. EXT.P7(d) DO. DT. 28-6-2002. EXT.P7(e) DO. DT. 31-8-2002. EXT.P7(f) DO. DT. 31-5-2003. EXT.P7(g) DO. DT. 16-11-2002. EXT.P7(h) DO. DT. 31-5-2003. EXT.P7(i) DO. DT. 28-6-2002. EXT.P7(j) DO. DT. 31-5-2003. EXT.P7(k) DO. DT. 7-7-2003. EXT.P7(l) DO. DT. 1-7-2003. EXT.P8 STATEMENT AND CERTIFICATE DT. 9-7-2003. EXT.P8(a) DO. DT. 29-8-2003. EXT.P9 JUDGMENT IN W.P.C.NO. 23181/2003. EXT.P9(a) DO. IN W.P.C.NO. 29452/2003. EXT.P10 ORDER DT. 14-11-2003. EXT.P11 LETTER DT. 26-6-2002. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 16217/2004 & 13568/2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of April, 2010. J U D G M E N T The petitioners in these two writ petitions are Guest Lecturers working in Pazhassiraja College, Wyanad. They were originally appointed in 1999. They were getting salary till March, 2002. Thereafter, salary was stopped. In W.P(C) No. 16217/2004 filed by the petitioners, this Court directed consideration of the petitioners' claim. The petitioners' claim was rejected by the Deputy Director of Collegiate Education, Kozhikode by Ext. P11 produced in W.P(C) No. 13568/2005, holding that there is no sufficient workload to continue to engage the petitioners as Guest Lecturers and the course for teaching which the petitioners were appointed was sanctioned without any additional financial commitment from the Government. The petitioners contend that the stand of the Deputy Director is totally against several Division Bench decisions of this Court, the latest of which is State of Kerala v. Arun George, 2009(4) KLT 972. The petitioners, therefore, seek a direction to the respondents to disburse the salary due to the petitioners. 2. The learned Government Pleader argues in support of the orders of the Government. 3. I have considered the rival contentions in detail. 4. It is settled law that the jurisdiction to decide on the workload and the staff strength in an aided college is with the University to which the college is affiliated, and not the Government. Here, the Government themselves have fixed the workload and the staff strength, which cannot be countenanced. In view of the Division Bench decisions, the Government cannot take a stand that since the course was sanctioned without additional financial commitment, the Government is not bound to disburse salary to the teachers appointed by the manager. In the above circumstances, these writ petitions are W.P.C. Nos. 16217/04 & 13568/05 -: 2 :- disposed of with the following directions: The petitioners shall produce a certified copy of this judgment before the University to which the Pazhassiraja College, Pulpally, Wyanad is affiliated. The University shall thereupon assess the workload of the college from 2000 onwards and consider whether the workload justifies appointment of the petitioners as Guest Lecturers. The assessment of the workload shall be strictly in accordance with the judgment in Arun George's case (supra). On such assessment, if the workload justifies the appointment of the petitioners as Guest Lecturers, the University shall forward their decision on the same to the Deputy Director of Collegiate Education. Thereupon, if the University finds that the workload justifies the engagement of the petitioners as Guest Lecturers, the 3rd respondent shall disburse salary due to the petitioner with arrears within a period of one month from the date of receipt of the decision of the University. The University shall give their decision within a period of two months from the date of receipt of a copy of this judgment. If the Government is aggrieved by the determination of the workload, they would be free to challenge the same appropriately. Sd/- S. Siri Jagan, Judge. Tds/