IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 28667 of 2008(K) -------------------------------- PETITIONER: -------------- MOLLY.K.T., LECTURER IN PSYCHOLOGY, B.C.M.COLLEGE, KOTTAYAM. BY MR.BABU VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. MANAGER, B.C.M.COLLEGE, KOTTAYAM 2. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM. 4. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM. 5. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. BY MR.T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3. MR.BABY ISSAC ILLICKAL, ADVOCATE, FOR R1. MS. T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28667/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the ORDER OF APPROVAL DTD. 16.2.1990 GRANTED BY THE UNIVERSITY. EXT. P1(a) : COPY OF the ORDER OF APPROVAL DTD. 29.5.1993 GRANTED BY THE UNIVERSITY. EXT. P1(b) : COPY OF THE ORDER OF APPROVAL DTD. 22.1.2000 GRANTED BY THE UNIVERSITY. EXT. P1(c) : COPY OF the ORDER OF APPROVAL DTD. 31.12.2005 GRANTED BY THE UNIVERSITY. EXT. P1(d) : COPY OF THE ORDER OF APPROVAL DTD. 31.12.2005 GRANTED BY THE UNIVERSITY. EXT. P2 : COPY OF THE OBJECTION DTD. 24.6.06 RAISED BY THE 5TH RESPONDENT. EXT. P2(a) : COPY OF the LETTER RECEIVED TO THE PRINCIPAL FROM THE 5TH RESPONDENT DTD. 22.7.2006. EXT. P3 : COPY OF THE REPLY DTD. 3.11.2006 GIVEN BY THE PRINCIPAL TO EXT.P2(a). EXT. P3(a) : COPY OF the COVERING LETTER DTD. 6.11.2006 FORWARDING THE SALARY BILL OF the PETITIONER, BY THE PRINCIPAL. EXT. P4 : COPY OF the STATEMENT OF WORKLOAD AND STAFF FIXATION MADE BY THE 4TH RESPONDENT DTD. 16.10.2003. EXT. P5 : COPY OF THE GOVERNMENT LETTER No.17993/D3/98/H.EDN. DTD. 28.5.99. EXT. P5(a) : COPY OF THE U.G.C. LETTER No.F.1.12/96 (PS) DTD. 18.3.1997. EXT. P5(b) : COPY OF the GOVERNMENT LETTER No.33069/B2/92/H.EDN DATED 4.12.1992. EXT. P6 : COPY OF the REPRESENTATION DTD. 1.1.2008 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. WP(C).No.28667/2008 EXT. P7 : COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN O.P.No.16572 OF 1995 DTD. 26.10.1995. EXT. P7(a) : COPY OF the INTERIM ORDER PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN O.P.No.24481 OF 1998 DTD. 24.01.2000. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 28667 of 2008-K ------------------------------ Dated this the 17th day of March, 2009. J U D G M E N T Heard Sri.Babu Varghese, the learned counsel appearing for the petitioner, Sri.Baby Issac Illikkal, the learned counsel appearing for the first respondent, Smt.T.B.Remani, the learned Government Pleader appearing for respondents 2, 4 and 5 and Sri.T.A.Shaji, the learned standing counsel appearing for the third respondent. 2. The petitioner who was appointed as Lecturer in Psychology in a leave vacancy of Rev. Dr.Thomas M.Kottoor, has filed this writ petition aggrieved by the non-payment of salary and allowances notwithstanding the fact that her appointment has been approved by the Mahatma Gandhi University. When the writ petition came up for hearing today, the learned Government Pleader made available to me a copy of the letter No.C5-8034/06 dated 20.2.2009 sent by the Deputy Director of Collegiate Education, Kottayam to the Principal of B.C.M. College, Kottayam informing the Principal that the appointment of the petitioner as Lecturer in Psychology with effect from 1.6.2004 is approved. In the said letter, the Deputy Director of Collegiate Education has also requested the Principal to forward the arrear bill along with the service book, attendance statement and other relevant records. W.P(C) No. 28667 of 2008-K 2 In view of the stand taken by the Deputy Director of Collegiate Education in his letter dated 20.2.2009, I find no reason in not disbursing salary and allowances to the petitioner with effect from 1.6.2004. Sri.Baby Issac Illikkal, the learned counsel appearing for the college submits that the Principal has already forwarded the arrear bill along with the relevant records to the Deputy Director of Collegiate Education, Kottayam. In these circumstances, I dispose of this writ petition with a direction to the Deputy Director of Collegiate Education to take all steps as are required to ensure that the arrears of salary and allowances that the petitioner is entitled to receive from 1.6.2004 onwards is drawn and disbursed to her within one month from the date of receipt of certified copy of this judgment. Needless to say the petitioner will also be entitled to continue to draw salary and allowances and shall also be given the benefit of periodical pay revisions if any and if necessary, an opportunity to exercise option in terms of the pay revision orders. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab