IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 1745 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.29204/2008 Dated 16/03/2009 .................... APPELLANTS/RESPONDENTS 3 TO 5 IN WPC -------------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. BY GOVERNMENT PLEADER, SMT.R.BINDU. RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 IN WPC ------------------------- 1. JOBEN K.ANTONY, LECTURER IN ECONOMICS, PAZHASSI RAJA COLLEGE, PULPALLY.P.O,WYNAD DIST. 2. THE MANAGER,PAZHASSI RAJA COLLEGE, PULPALLY.PO,WYNAD DISTRICT. 3. THE UNIVERSITY OF CALICUT,REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY.PO. ADV. SRI.BABU VARGHESE FOR R1 SRI.V.C.JAMES FOR R2 SRI.P.C.SASIDHARAN, SC, FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. -------------------------------- W.A. No. 1745 OF 2009 --------------------------------- Dated this the 13th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondents 3 to 5 in the Writ Petition are the appellants. The 1st respondent herein was the writ petitioner. He filed the Writ Petition, feeling aggrieved by the omission of the appellants to release the salary due to him. 2. The brief facts of the case are the following: The 1st respondent was appointed as Lecturer in Economics in the 2nd respondent's College by Ext.P2 order of the Manager dated 16.8.2007. The said appointment was approved by the University of Calicut as per Ext.P2(a) dated 2.1.2008. Even thereafter, no salary was released by the Deputy Director of Collegiate Education, Kozhikode. So, the Writ Petition was filed, seeking appropriate reliefs to redress the aforementioned grievance. W.A.No.1745/2009 2 3. The respondents filed a counter affidavit stating that there are only 40 hours per week for Economics and therefore, only two posts could be created, going by the norms contained in Annexure R5(c) order dated 17.6.2002. But, the learned Single Judge noticed that as per the Ordinance framed by the University, creation of a third post is warranted and so, ordered to pay the salary due to the 1st respondent/writ petitioner. Feeling aggrieved by the said judgment, this Writ Appeal is preferred. 4. The learned Government Pleader submitted that there are only total 40 hours for Economics in the College. Already there are two teachers in position. They could handle 32 hours and the remaining eight hours are not sufficient for the sanction of a third post. Reliance is placed on Annexure R5(c) order. But, we notice that sanction of posts in various subjects is governed by the Ordinance framed by the University of Calicut. As per the Ordinance, for every sixteen hour, one post could be created. If there is surplus one hour, an additional post could be created. In the wake of introduction of the UGC W.A.No.1745/2009 3 norms, other Universities have raised the additional hours necessary for creation of an additional post as six. In Calicut University, even now, it remains as one. So, even going by the norms prescribed in other Universities, eight hours justify the creation of an additional post. Therefore, we find no reason to interfere with the judgment of the learned Single Judge. Accordingly, the Writ Appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (P.BHAVADASAN, JUDGE) ps