IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WA.No. 2294 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19909/2007 Dated 13/06/2008 .................... APPELLANT(S): RESPONDENTS 1 AND 2 --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENT(S): PETITIONER AND ADDL. RESPONDENTS 3 TO 12 ------------------------------- 1. THE SECRETARY, MAR ATHANASIUS COLLEGE ASSOCIATION AND MANAGER, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, REP. BY ITS REGISTRAR. 3. PRAVEEN MATHEW, KUNNAPILLIL HOUSE, KOTHAMANGALAM COLLEGE.P.O, KOTHAMANGALAM. 4. ELSON JOHN, MANJUMMEKUDIYIL HOUSE, BHOOTHATHAKETTU.P.O, KOTHAMANGALAM. 5. ELDHO VARGHESE, NADUVELIKUDI HOUSE, THALAPUNCHA, VAIKOM.P.O. 6. NEENA MANI, PUTHIYAVEETTIL HOUSE, OLIAPURAM.P.O, KOOTHATTUKULAM. W.A. NO.2294/2008 7. KAVITHA ISSAC, MALIYIL HOUSE, VENDUVAZHY, KOTHAMANGALAM. 8. JEENA JOY, KAVILE VEETTIL HOUSE, KURUPPAMPADY.P.O, ERNAKULAM DISTRICT. 9. SHEBI A. PALAPPILLIL, PALAPPILLIL HOUSE, KARUKADOM .P.O., KOTHAMANGALAM. 10. TITTY P. THOMAS, CHITRALAYAM, KOTHAMANGALAM. 11. JAYAN K. GEORGE, PUTHUKAYIL HOUSE, PINDIMANA.P.O, KOTHAMANGALAM. ADV. SRI.GEORGE JACOB (JOSE) FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/12/2008, ALONG WITH WA NO. 2296 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & Thomas P.Joseph, J. -------------------------------------- W.A. Nos. 2294 & 2296 of 2008 --------------------------------------- Dated this the 18th day of December, 2008 Judgment Koshy,J. The only dispute now raised by the Government Pleader in this writ appeal is that even though Kerala Technical Education (Private Engineering College/Polytechnic) Services Rules, 1975 are not applicable and the matter is governed by University Statutes. According to the Government Pleader, the teachers in question were not appointed for short term leave vacancies, but, appointed for a period below 90 days and therefore they can be given only daily wages. All the respondents in the writ petitions were appointed beyond the period of 90 days and they were fully qualified and approved by the University and hence they were appointed for leave vacancies. In the above circumstances, we see no material to interfere with the judgment. Appeal dismissed. J.B.Koshy Acting Chief Justice Thomas P. Joseph Judge vaa M.A.C.A.No./2007 2 J.B. KOSHY, Ag.C.J. AND THOMAS P.JOSEPH,J. ------------------------------------- W.A.Nos.2294 & 2296/2008 ------------------------------------- Judgment Date:16th December,2008