IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 21893 of 2009(F) -------------------------- PETITIONER(S): --------------- D.YOHANNAN KUTTY, INSTRUCTOR, DEPARTMENT OF MECHANICAL ENGINEERING, T.K.M.COLLEGE OF ENGINEERING, KOLLAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. THE UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE CHAIRMAN, GOVERNING BODY, T.K.M.COLLEGE OF ENGINEERING, KOLLAM-5. ADV. SRI.N.SUGATHAN FOR R4 SMT.VARSHA BHASKAR FOR R4 SRI.S.PRASANTH (AYYAPPANKAVU) FOR R4 SRI. M. RAJAGOPALAN NAIR, S.C. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21893 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of March, 2010. J U D G M E N T The petitioner was initially appointed as a Tradesman in Mechanical Engineering Department in the T.K.M. College of Engineering, Kollam with effect from 1-6-1995. While he was working so, three vacancies of Instructor Grade II arose in 2006 and the petitioner was selected and appointed to one of those vacancies by Ext. P3 order. The petitioner filed this writ petition complaining that the University has not approved the appointment of the petitioner and the petitioner is not being paid salary from 2007 onwards. Now, the petitioner has produced Ext. P8 order dated 15-10-2009 issued by the University of Kerala, whereby the petitioner's appointment has been approved with effect from 23-11-2007. The petitioner now submits that the 3rd respondent may be directed to disburse the salary due to the petitioner in view of the approval granted by the University for the appointment of the petitioner. The petitioner relies on the decision of the Division Bench of this Court in State of Kerala v. Arun George, 2009(4) KLT 972 and earlier judgments of this Court , whereby this Court has held that once the University approves appointments, the Government has no option but to pay salary of the staff whose appointments have been approved by the University. It has also been held that if the Government does not agree with the approval granted by the University, their remedy lies in either taking up the matter with the University or challenging the approval granted by the University appropriately. 2. I have heard the learned Government Pleader also. The only objection raised by the learned Government Pleader is that the Government does not agree with the approval granted by the University to the petitioner's appointment. 3. This Court has settled the law on the subject by several W.P.C. No. 21893/09 -: 2 :- Division Bench decisions including Arun George's case (supra), whereby it has been held that once the University approves the appointment, the Government is bound to disburse the salary due to the employee of an aided college. If the Government is aggrieved by the approval itself, it is for the Government to take up the matter with the University or challenge the order of approval of the University appropriately. It is not now disputed before me that the petitioner's appointment has been approved by the University. In the above circumstances, the writ petition is allowed and the 3rd respondent is directed to take steps to disburse the salary due to the petitioner whose appointment has been approved by the University, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However, I make it clear that this will not prejudice the right of the Government to challenge the approval granted by the University to the petitioner's appointment appropriately. However, as long as the approval by the University stands, the petitioner shall be continued to be paid salary. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.