IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 27369 of 2009(M) ----------------------------------------- PETITIONER(S): ------------------------- 1. SHACHEENDRAN.V,SALINI NILAYAM,KARIPODY, BEKAL.P.O,KASARGODE DISTRICT,PIN-671 318.(FORMERLY LECTURER IN THE DEPARTMENT OF COMMERCE,ST.PAUL'S COLLEGE,KALAMASSERY). 2. NIMI DEV.R,NANMA,T.C.27/1746-1, VANCHIYOOR,TRIVANDRUM-695 035,(FORMELY LECTURER IN THE DEPARTMENT OF COMMERCE,ST.PAUL'S COLLEGE, KALAMASSERY. BY ADV. MR.A.A.ABUL HASSAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CENTRAL ZONE,M.C.R.V.HOSTEL BUILDING, HOSPITAL ROAD,ERNAKULAM,KOCHI-11. 4. MAHATMA GANDHI UNIVERSITY,PRIYADARSINI HILLS,ATHIRAMPUZHA,KOTTAYAM,REPRESENTED BY ITS REGISTRAR. 5. MANAGER,ST.PAUL'S COLLEGE,KALAMASSERY, PIN-683 503,ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA R4 BY ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY R5 BY ADVS.MR.AUGUSTINE JOSEPH, MR.K.S.ROCKEY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27369/2009 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS DTD. 21/10/2005 OF THE SELECTION COMMITTEE FOR SELECTION OF LECTURERS FOR APPOINTMENT IN COMMERCE DEPARTMENT IN THE FIFTH RESPONDENT'S COLLEGE. P2: COPY OF THE APPOINTMENT ORDER DTD. 31/10/05 OF THE 1ST PETITIONER ISSUED BY THE 5TH RESPONDENT. P3: COPY OF THE APPOINTMENT ORDER DTD. 31/10/05 OF THE 2ND PETITIONER ISSUED BY THE 5TH RESPONDENT. P4: COPY OF THE G.O.(MS) NO.39/2001/H.EDN. DTD. 27/03/2001 RELATING TO THE M.G.UNIVERSITY. P5: COPY OF THE G.O.(MS) NO.78/2001/H.EDN. DTD. 11/07/2001 ISSUED BY THE GOVERNMENT OF KERALA. P6: COPY OF THE WORKLOAD STATEMENT FOR THE YEAR 2005-2006. P7: COPY OF THE ORDER NO.4784/BII/2008/ACAD. DTD. 13/11/2008 ISSUED BY THE M.G. UNIVERSITY. P8: COPY OF THE LETTER NO.B1/1121/09 DTD. 25/07/2009 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No. 27369 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioners are Lecturers in Commerce in the 5th respondent's College. Their appointments have been approved by the University. The petitioners' grievance in this writ petition is that the respondents 1 to 3 are not disbursing salary pursuant to their approved appointments, on the ground that the course sanctioned which, taking into account the work load of the petitioners have been appointed in additional posts were sanctioned without financial commitment to the Government. The petitioners submit that, that question is clearly covered in favour of the petitioners by the Division Bench decision in Arun George v. State of Kerala [2009 (4) KLT 972]. 2. I have heard the learned Government Pleader, who opposes the prayers on the ground that, when the Government sanctions the course without financial commitment, the Government cannot made liable to pay the W.P.(C). No. 27369 OF 2009. -2- salary to the teachers appointed in resultant additional posts. 3. I have considered the contentions of both parties in detail. 4. I am satisfied that the issue involved in this writ petition is squarely covered by the decision of the Division Bench, in Arun George v. State of Kerala [2009 (4) KLT 972], holding that after entering into direct payment agreement with the managements, the Government cannot take the stand that for teachers required for teaching students in courses sanctioned by the Government will not be paid by the State. That being so, the Government cannot now contend that, because they have sanctioned the course without financial commitment, they would not pay the salary of the teachers appointed to additional posts requested for teaching students of the additional course. In the above circumstances, the respondents 1 to 3 are directed to see that the salary pursuant to the approved W.P.(C). No. 27369 OF 2009. -3- appointments of the petitioners are disbursed as expeditiously as possible, at any rate within one month from the date of receipt of bill for salary of the petitioners, submitted by the Principal. The Principal shall submit the bills for salary of the petitioners within 2 weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE nl.