High Court Kerala High Court

Dr.B.H.Selin Joy vs The University Of Kerala on 5 April, 2010

Kerala High Court
Dr.B.H.Selin Joy vs The University Of Kerala on 5 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5747 of 2010(P)


1. DR.B.H.SELIN JOY,
                      ...  Petitioner

                        Vs



1. THE UNIVERSITY OF KERALA,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF

3. MANAGER, CHRISTIAN COLLEGE,

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :05/04/2010

 O R D E R
                       S.SIRI JAGAN, J.
                       ----------------------
                  WP(C) No.5747 of 2010
             -------------------------------------------
           Dated this the 5th day of April 2010


                       J U D G M E N T

The petitioner was appointed in the 3rd respondent’s

College, which is an aided College, in a leave vacancy and it

was approved by the University. When a regular vacancy

arose, by Ext.P1 judgment, this court directed consideration

of the claim of the petitioner, pursuant to which the

Registrar of the University issued Ext.P2 direction to the

Manager. Accordingly, the third respondent appointed the

petitioner as a lecturer in the Physics department with effect

from 04.6.2007 by Ext.P3 order. Syndicate of the first

respondent University approved the appointment of the

petitioner. Peittioner’s grievance in the writ petition is that

despite the approval granted, the second respondent is not

disbursing the salary due to the petitioner for the approved

appointment. According to the petitioner, in veiw of the

various Division Bench decisions of this court including the

WP(C) NO.5747 OF 2010
2

decision in State of Kerala v. Arun George, (2009 (4) KLT

972), once the University grants approval, the Educational

Authorities cannot withhold salary due to the teacher for the

approved appointment on the ground that the approval is

irregular. Counsel for the petitioner pointed out that this

Court has already held that, if the Government has any case

that the approval is irregular, their remedy lies in taking up

the matter with the University or challenging the approval

order appropriately.

2. The learned Government Pleader on instructions

submits that, since there is not enough workload for a post

to accommodate the petitioner, the approval is irregular.

She further submits that it is open to the Government to

take up the matter with the University and until the

University confirms the approval, the Educational Authorities

cannot be forced to pay salary to the petitioner.

3. The learned Standing counsel for the University

submits that so far no query regarding the validity of

WP(C) NO.5747 OF 2010
3

approval has been raised by either the second respondent or

the Government.

4. I have considered rival arguments in detail.

5. I am of opinion that in view of the various Division

Bench decisions of this court, now that the University has

granted approval of the petitioner’s appointment, the second

respondent cannot take the stand that the salary of the

petitioner cannot be disbursed, since the second respondent

disputes the validity of the approval itself. Once the

University grants approval it is incumbent on the second

respondent to disburse salary, in accordance with the

approval granted by the University. The fact that the

University has approved the petitioner’s appointment is not

disputed before me. Therefore, the remedy of the second

respondent lies in taking up the matter with the Univeristy

or to challenge the approval order appropriately. The

petitioner cannot be denied salary for the approval of his

appointment simply because the Government feels that the

WP(C) NO.5747 OF 2010
4

approval is irregular. Accordingly the second respondent is

directed to disburse arrears of salary due to the petitioner

for her approved appointment as expeditiously as possible,

at any rate, within one month from the date of receipt of a

certified copy of the judgment.

However, I make it clear that, it would be open to the

second respondent to take up the matter with the

University or to challenge the approval order appropriatley.

S.SIRI JAGAN
JUDGE

DMB