IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 30559 of 2005(K) ------------------------------------- PETITIONER(S): ------------------------ P.SETHUMADHAVAN, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, N.S.S. COLLEGE, OTTAPPALAM-3, PALAKKAD DISTRICT. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): ------------------------- 1. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISUR. 2. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM. 3. THE SECRETARY, N.S.S.COLLEGES' CENTRAL COMMITTEE, PERUNNA, CCHANGANACHERRY. 4. THE PRINCIPAL, N.S.S.COLLEGE, OTTAPALAM, PALAKKAD. R1 BY GOVT. PLEADER MR.DILEEP MOHAN MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, R4 BY ADV. MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30559/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT NO.F/4115/05 DTD. 11.8.05. P2:- COPY OF THE OBJECTION ISSUED BY THE DEPUTY DIRECTOR TO THE SALARY BILL OF THE PETITIONER FOR THE MONTH OF SEPTEMBER FOR THE MONTH OF SEPTEMBER 2005, DTD. 26.10.05. P3:- COPY OF THE OBJECTION ISSUED BY THE DEPUTY DIRECTOR TO THE SALARY BILL OF THE PETITIONER FOR THE MONTH OF OCTOBER, 2005 DTD. 26.10.05. P4:- COPY OF THE WORKLOAD STATEMENT PREPARED BY THE DIRECTOR OF COLLEGIATE EDUCATION OF N.S.S. COLLEGE, OTTAPALAM. P5:- COPY OF THE ORDER G.O.(MS) NO.90/2002/H.EDN. DTD. 23.7.02. P6:- COPY OF THE PLACEMENT ORDER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 13.1.99. P7:- COPY OF THE ORDER ISSUED BY THIS HONOURABLE COURT IN WPC. NO.24419/05 DTD. 17.8.05. P8:- COPY OF THE ORDER ISSUED BY THIS HONOURABLE COURT IN WPC. NO.28931/05. R1(a):- COPY OF THE CIRCULAR NO.PA III(1) 104904/02 DTD. 7.2.04 OF THE DIRECTOR OF COLLEGIATE EDN. TRIVANDRUM. R1(b):- COPY OF THE ADALATH ORDER NO.UGC CELL I(1) 35999/02 DTD. 16.10.03 OF THE D.C.E. , TRIVANDRUM. TRUE COPY P.A. TO JUDGE tss T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 30559 of 2005 -------------------------- Dated this the 18th November,2009 J U D G M E N T The petitioner herein is working as a Selection Grade Lecturer in the Department of Commerce in N.S.S College, Ottappalam. The main prayer in the writ petition is for a direction to disburse the salary in terms of the University Statute. It is the case of the petitioner that he is having approved service and therefore the objection taken by the Deputy Director of Education cannot be sustained. 2. While admitting the writ petition, this Court passed an interim order directing the 1st respondent to countersign the salary bill submitted by the college authorities and disburse the salary for the months the petitioner has been working without salary and continue to pay the same for succeeding months unless otherwise ordered by this Court. 3. First respondent has filed a counter affidavit stating that salary of the petitioner withheld for the months of September 2005 and October 2005 was W.P ( C) No. 30559 of 2005 2 admitted in the light of the interim order passed by this Court. This is recorded. Therefore, making the interim order as absolute, the writ petition is closed. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 30559 of 2005 3 W.P ( C) No. 30559 of 2005 4