IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 19897 of 1998(R)
1. AC.SREEHARI
... Petitioner
Vs
1. THE DY.DIRECTOR,COLLEGIATE EDUCATION
... Respondent
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :SRI.P.J.MATHEW, SC, KANNUR UTY.
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :09/07/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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O.P.No.19897 OF 1998
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Dated this the 9th day of July, 2007
JUDGMENT
As per Ext.P4 order dated 14.10.1996, the petitioner was
appointed in a college as Junior Lecturer (Pre-degree). The issue
arising for decision is as to whether the petitioner was entitled to
be appointed as a Junior Lecturer with effect from 14.10.1996.
This issue, as of now, is relevant for the purpose of determining
whether his service on the basis of that appointment order is to
be approved and regularised, so that he would get emoluments
and increments as also whether such period is also to be counted
to determine his total length of service, since he has, thereafter,
been deployed to the Higher Secondary Section of a school in
implementation of the UGC norms.
2. The case of the petitioner is that one Jagannatha Pai, who
was a UGC Lecturer, proceeded on leave preparatory to
retirement resulting in Sri.V.V.Balakrishnan, until then a Junior
Lecturer, being appointed as UGC Lecturer and that the
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petitioner was appointed in the resultant vacancy. It appears
that in the mean while, the 6th respondent was appointed and the
question is as to whether it is the 6th respondent or the petitioner
who would continue.
3. The Management, with the counter affidavit of the
Principal, appears to take the stand that the appointment of the
petitioner was as Junior Lecturer on the basis of his rank in the
select list prepared by the Staff Selection Committee and his
appointment was against a sanctioned post and is liable to be
approved. It is also the contention of the Management that the
college has four groups for Pre-degree and 12 Degree courses,
including B.A. and on an aggregate, there are 260 hours for
teaching English and 17 posts of Lecturers in English, including
Junior Lecturers. According to the Management, two teachers
viz., C.Jagannatha Pai and A.Syamala, retired on attaining the
age of superannuation on 31.3.1997 and that the said Jagannatha
Pai, who was the Selection Grade Lecturer, had entered leave
preparatory to retirement with effect from 14.10.1996. The
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Management thus stand by the appointment made and contends
that there is no irregularity in the appointment, having regard to
the sanctioned staff strength. It is the case of the Management
that English being taught in all groups of Pre-degree classes and
in the first and second year degree classes and because the
college has an English Main degree course also, all the 17 posts
have to manned at all times in order to enable lectures being
imparted in all the English classes. The Management holds out
Ext.R2(a) staff pattern for the relevant year to contend that there
are only 17 teachers working against the 17 sanctioned posts
and there is no irregularity whatsoever in the appointment made.
Under such circumstances, the impugned decisions have to be
re-considered and such re-consideration has necessarily to follow
from the University in the first instance.
4. For the aforesaid reasons, the impugned decisions are
quashed and it is directed that the competent authority in the
University will afford an opportunity of hearing to the petitioner
and the Management, as also to the 6th respondent, and finally
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decide on the issue of approving the appointment of the
petitioner as per Ext.P4, having regard to Ext.R2(a). A final
decision as aforesaid shall be taken within an outer limit of four
months from the date of receipt of a copy of this judgment. The
State Government authorities will follow the decision of the
University in the matter of conferring benefits, if any, in
accordance with law.
The writ petition is disposed of with the above directions.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.
OP.19897/98
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.19897 OF 1998
JUDGMENT
9TH JULY, 2007.
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