IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 18831 of 2007(P) -------------------------- PETITIONER: ------------ SHINIL JAMES, LECTURER, PHYSICAL EDUCATION, MAHATMA GANDHI COLLEGE, IRRITTY, KANNUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KANNUR UNIVERSITY, REPRESENTED BY THE REGISTRAR, KANNUR. 3. THE MAHATMA GANDHI COLLEGE, IRRITTY, KANNUR DISTRICT, REPRESENTED BY THE MANAGER. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R.2 SRI.JAMES KURIAN FOR R3 GOVERNMENT PLEADER SRI.T.T.MUHAMMED FOR R1, 4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.18831/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE APPOINTMENT ORDER NO.G(ESTT/59)/X/2006 DATED 28-2-2006 EXT.P2. TRUE COPY OF THE ORDER NO.ACAD/B2/2643/03 DATED 17-10-2003 EXT.P3. TRUE COPY OF THE COMMUNICATION NO.5125/D2/04 DATED 16-3-2004 EXT.P4. TRUE COPY OF THE ORDER NO.ACAD/B2/1373/06 DATED 27-5-2006 EXT.P5. TRUE COPY OF THE ORDER NO.GAII/E2/3095/97 DATED 4-4-1998. EXT.P6. TRUE COPY OF THE REPRESENTATION DATED 15-1-07. / TRUE COPY / P.S.TO JUDGE K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 18831 OF 2007 P -------------------------------------------- Dated this the 12th June, 2008 JUDGMENT The petitioner was appointed as Lecturer in Physical Education in Mahatma Gandhi College, Irritty, as per Ext.P1 appointment order dated 28.2.2006. The Kannur University approved the appointment of the petitioner as per Ext.P4 order dated 27.5.2006. The grievance of the petitioner is that in spite of the approval of the appointment by the University, his salary was not disbursed. 2. The reliefs prayed for in the Writ Petition are the following: “i) Issue a writ in the nature of mandamus directing respondents 1, 4 and 5 to issue necessary orders for the disbursement of the salary to the petitioner in view of the appointment as per Ext.P1 and the approval of appointment by the University as per Ext.P4. ii) Issue a writ declaring that the norms framed to the effect that principal shall take 3 to 5 hours classes in a week cannot be made applicable to Physical Education and even when that is applied the Department of Physical Education is having more working hours than other faculties. iii) Issue such other order or direction, as this court may deem fit and proper in the interest of justice.” 3. In Cherian Mathew v. Principal, S.B.College, Changanacherry (1998 (2) KLT 144) and Shalini Rachel v. Manager, Christian College (2007 (3) KLT 355), this Court has taken the view that W.P.(C) NO.18831 OF 2007 :: 2 :: once the University approves the appointment of a Lecturer, the Government is bound to honour his salary bill. 4. Sri.George Poonthottam, learned counsel for the petitioner, has brought to my notice that Government has issued G.O.(MS) No.21/08.H.Edn. Dated 15.3.2008, according sanction for one post of Lecturer in Physical Education in the third respondent College. He submitted that in view of the Government Order dated 15.3.2008, the respondents are bound to disburse the salary to the petitioner. 5. Learned Government Pleader, on instructions, submitted that the petitioner is entitled to get his salary disbursed, pursuant to approval of Ext.P1 appointment order by the University and also in the light of the Government Order dated 15.3.2008. The submission made by the learned Government Pleader is recorded. The Writ Petition is disposed of directing the fifth respondent, the Deputy Director of Collegiate Education, Kozhikode, to countersign the salary bills for facilitating payment of salary to the petitioner from 1.3.2006 onwards. (K.T.SANKARAN) Judge ahz/