IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13449 of 2009(A) -------------------------- PETITIONER(S): --------------- DR. JOJI MADAPPATTU, LECTURER, DEPARTMENT OF MALAYALAM, ST. BERCHMANS COLLEGE, CHANGANACHERRY. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR ATHIRAMPUZHA, KOTTAYAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,TRIVANDRUM. SENIOR GOVERNMENT PLEADER, ADV.SRI.MUHAMOOD T.T. R2 TO R4 ADV.SRI.T.A.SHAJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13449/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2009 J U D G M E N T The petitioner is working as Lecturer in the Department of Malayalam in St.Berchmans' College, Changanacherry. He seeks implementation of the judgment of this Court (Ext.P3), as well as the consequential orders passed by the University (Ext.P4), by the second respondent, by disbursing the due benefits flowing there from. 2. In the light of Exts.P3 and P4, under no circumstances there could have been any objection on the part of the second respondent in disbursing the monetary benefits. The effect of the directions contained in Ext.P3 judgment is that the University shall approve the appointment of the petitioner from 01/06/2005. It was clarified that the consequential benefits will also be extended. Accordingly, in compliance with the directions issued by this Court, the University has issued Ext.P4 order. Thereby, the approval of the appointment of the petitioner has been granted with effect from 01/06/2005. W.P.(C). No.13449/2009 -:2:- 3. The learned Government Pleader on instructions submits that the second respondent has sought some clarifications from the Government. In the light of the binding directions and declaration made by the Court and the approval granted by the University, the second respondent cannot take upon himself such a burden to seek fresh clarification which runs contrary to the directions issued by this Court. The second respondent is a party to the judgment Ext.P3 being the third respondent therein and the judgment is binding upon him and an attempt to violate the directions contained in the judgment cannot be appreciated. What remains to be done by the second respondent is to disburse the consequential benefits which this Court in explicit terms has directed already in Ext.P3 judgment itself. 4. In that view of the matter, the second respondent will see that the monetary benefits allowable to the petitioner is disbursed within a period of six weeks from the date of receipt of the arrear bill. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms