IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 6361 of 2008(G) -------------------------------------- PETITIONER(S): ------------------------ 1. MATHEWS T.JACOB, LECTURER IN EDUCATION, BASELIOS MAR THOMA MATHEWS II, TRAINING COLLEGE, KOTTARAKARA. 2. S. LILLYKUTTY, LECTURER IN EDUCATION, BASELIOS MAR THOMA MATHEWS II, TRAINING COLLEGE, KOTTARAKARA. BY SRI.BABU VARGHESE, SENIOR ADVOCATE, ADV. SRI.JOHNSON T. JOHN. RESPONDENT(S): -------------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM. 2. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, REPRESENTED BY ITS REGIONAL DIRECTOR, IST FLOOR, CSD BUILDING, HMT POST, BANGALORE- 560 031. 3. THE MANAGER, BASELIOS MAR THOMA MATHEWS II, TRAINING COLLEGE, KOTTARAKARA. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R2 BY ADV. SRI.V.M.KURIAN, SC, SRC-NCTE. R3 BY ADV. SRI.KARTHIKEYAN, SRI.ALIAS M.CHERIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 6361 of 2008(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE 2000 YEAR BOOK VOL.2 OF THE COMMON WEALTH UNIVERSITIES. EXT.P1(a): COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF THE MADURA KAMARAJ UNIVERSITY AS DOWNLOADED FROM THEIR WEBSITE. EXT.P1(b): COPY OF THE LETTER BY THE ASSOCIATION OF INDIAN UNIVERSITY IN RESPECT OF THE VALIDITY OF DEGREES BY THE MADURA KAMARAJ UNIVERSITY, DATED 11/08/2006. EXT.P1(c): COPY OF THE CERTIFICATE DATED 13/08/2007 ISSUED BY THE MADURA KAMARAJ UNIVERSITY. EXT.P1(d): COPY OF THE PRESS RELEASE APPEARED IN ''THE HINDU'' DATED 01/11/2007. EXT.P2: COPY OF THE RELEVANT PAGES OF THE NORMS AND STANDARD FOR TEACHER EDUCATION, PUBLISHED BY THE NCTE. EXT.P3: COPY OF THE RELEVANT PAGES OF THE NORMS AND STANDARD FOR B.ED. PROGRAMME, PRESCRIBED BY THE NCTE. EXT.P4: COPY OF THE TEACHING STAFF LIST OF THE COLLEGE DULY ENDORSED BY THE UNIVERSITY. EXT.P5: COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE U.G.C. ACADEMIC STAFF COLLEGE OF UNIVERSITY DATED 16/01/2003. EXT.P5(a): COPY OF THE LETTER ISSUED BY THE UNIVERSITY APPOINTING THE 1ST PETITIONER AS B.ED. EXAMINES FOR THE YEAR 2006. EXT.P5(b): COPY OF THE LETTER ISSUED BY THE UNIVERSITY APPOINTING THE 1ST PETITIONER AS B.ED. EXAMINER FOR THE YEAR 2007. EXT.P6: COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER FOR ATTENDING A NCTE SPONSORED STATE LEVEL WORKSHOP, IN JUNE 2002. EXT.P6(a): COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER FOR ATTENDING AN INTENSIVE TRAINING WORKSHOP AT PONDICHERRY, IN NOVEMBER 2006. EXT.P6(b): COPY OF THE CERTIFICATE ISSUED BY THE UGC ACADEMIC STAFF COLLEGE TO THE 2ND PETITIONER DATED 16/01/2003. EXT.P6(c): COPY OF THE LETTER ISSUED BY THE UNIVERSITY APPOINTING THE PETITIONER AS AN EXAMINER FOR B.ED. EXAM. (P.T.O.) WP(C).No. 6361 of 2008(G) EXT.P7: COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER ACCORDING SANCTION FOR DOING RESEARCH WORK, BY COLLEGE/UNIVERSITY. EXT.P8: COPY OF THE LETTER SENT BY THE REGISTRAR TO THE 2ND RESPONDENT DATED 02/02/2006. EXT.P9: COPY OF THE LETTER SENT BY THE REGISTRAR TO THE 1ST PETITIONER DATED 26/04/2006. EXT.P9(a): COPY OF THE LETTER SENT BY THE REGISTRAR TO THE 2ND PETITIONER DATED 26/04/2006. EXT.P10: COPY OF THE MEMO DATED 16/04/2007 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXT.P10(a): COPY OF THE MEMO DATED 16/04/2007, ISSUED TO THE 2ND PETITIONER. EXT.P11: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE UNIVERSITY. EXT.P11(a): COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 27/04/2007. EXT.P12: COPY OF THE INTERIM ORDER DATED 11/05/2007 IN WP(C) NO. 14911/2007. EXT.P13: COPY OF THE LETTER DATED 14/08/2007 SENT BY THE REGISTRAR OF THE UNIVERSITY TO THE 1ST PETITIONER. EXT.P13(a): COPY OF THE LETTER DATED 14/08/2007 SENT BY THE REGISTRAR OF THE UNIVERSITY TO THE 2ND PETITIONER. EXT.P14: COPY OF THE NOTE OF ARGUMENTS SUBMITTED BY THE COUNSEL FOR THE PETITIONERS BEFORE THE UNIVERSITY. EXT.P15: COPY OF THE COMMUNICATION DATED 08/01/2008 AND PROCEEDINGS OF THE UNIVERSITY SENT BY THE REGISTRAR TO THE 1ST PETITIONER. EXT.P15(a): COPY OF THE COMMUNICATION DATED 08/01/2008 SENT BY THE REGISTRAR TO THE 2ND PETITIONER. EXT.P16: COPY OF THE LETTER DATED 15/03/2008 SENT BY THE LOCAL MANAGER. EXT.P16(a): COPY OF THE REPLY DATED 18/03/2008 GIVEN BY THE 2ND PETITIONER TO THE LOCAL MANAGER. EXT.P17: COPY OF THE ''STAFF LIST'' PUBLISHED IN THE LATEST COLLEGE MAGAZINE BY THE PRINCIPAL. (P.T.O.) WP(C).No. 6361 of 2008(G) EXT.P17(a): COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER OF THE COLLEGE. EXT.P18: COPY OF THE MEDICAL CERTIFICATE DATED 04/06/2011 ISSUED BY DR.SYAM K., ASSISTANT PROFESSOR, DEPARTMENT OF NEUROLOGY, SREE CHITIRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: EXT.R3-A: COPY OF THE NOTICE NO.F.KL/SEC/03/SRO/NCTE/2005-2006/322 DATED 13/04/2005. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6361/2008-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of August, 2011 J U D G M E N T This writ petition was filed by the petitioners seeking for grant of various benefits consequent on their appointment as Lecturers in Education under the third respondent-Management. One of the reliefs sought for is to declare that they are duly qualified Lecturers entitled to continue in service. 2. There is no dispute that the petitioners are continuing in service. By interim order dated 12/04/2011, this Court after hearing all the parties directed payment of salary for a period of one year from 25/03/2008, as an interim measure. It is submitted by both sides that the said amounts have been disbursed. 3. Learned Senior Counsel for the petitioners submitted that the petitioners are prepared to resign from service and leave the institution if the entire salary and other benefits for the remaining period are paid. W.P.(C). No.6361/2008 -:2:- 4. Learned counsel for the third respondent submitted that if the petitioners are submitting resignation letters, all the amounts including arrears of salary and other benefits will be paid. 5. Therefore, on the petitioners submitting resignation, action will be taken to receive the same and relieve the petitioners by paying the arrears of salary and other dues like Provident Fund etc. and, once the resignation is accepted, the benefits will be disbursed within a period of one month. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms