High Court Kerala High Court

Dileep Kumar K.A vs State Of Kerala on 17 July, 2009

Kerala High Court
Dileep Kumar K.A vs State Of Kerala on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27987 of 2006(F)


1. DILEEP KUMAR K.A.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DIRECTOR OF COLLEGIATE EDUCATION,

3. THE DEPUTY DIRECTOR OF COLLEGIATE

4. THE MANAGER,

                For Petitioner  :SRI.M.V.BOSE

                For Respondent  :SRI.K.B.GANGESH

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :17/07/2009

 O R D E R
                    T.R. RAMACHANDRAN NAIR, J.
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C). No.27987/2006-F
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                    Dated this the 17th day of July, 2009

                            J U D G M E N T

The petitioner herein is presently working as H.S.S.T (Economics) in

S.N.M. Higher Secondary School, Moothakunnam. The petitioner was

working as Junior Lecturer in S.N.M. College, Maliankara from 03/07/1996.

The said college is affiliated to the Mahatma Gandhi University. Ext.P1 is

the order of appointment.

2. The appointment has been approved as per Ext.P2 guidelines

issued based on the judgment of this Court in O.P. Nos.5755/1997 and

7239/1997. Going by Ext.P2, there was a direction to transfer the Junior

Lecturers to Higher Secondary Schools when the Pre-degree course is

delinked.

3. Even though a condition was imposed in Ext.P3 order of

approval by the Deputy Director of Collegiate Education that the service of

the teacher(s) shall be liable to be terminated when Pre-degree is delinked,

that was removed by Ext.P4 order. Subsequent disputes arose between the

petitioner and the Management which resulted in the petitioner filing

O.P.No.13170/1998. The petitioner had challenged fresh appointments

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made by the Management in the Higher Secondary School. During the

pendency of the said writ petition, the petitioner was redeployed to the

Higher Secondary School on 01/03/2004. Presently, the dispute is

regarding the claim for salary from 01/11/2001 to 29/02/2004 while the

petitioner was working as Junior Lecturer in S.N.M. College, Maliankara

4. The petitioner has produced Ext.P8, an interim order passed by

this Court in O.P.No.38220/2001 filed by another teacher who is said to be

similarly placed, wherein this Court directed that the said teacher is entitled

to get salary, and salary was disbursed from 01/11/2001. In fact, the

petitioner had earlier approached this Court by filing O.P.No.1628/2002

which was disposed of by Ext.P9 judgment directing the petitioner to

approach before the authority concerned and accordingly, the petitioner

filed Ext.P10 representation before the second respondent, but without any

result.

5. The respondents have filed a counter affidavit in the matter.

The learned Government Pleader relying upon the averments in the counter

affidavit submitted that immediately after delinking of the Pre-degree

course, the petitioner ought to have been deployed to the Higher Secondary

School. Since, that was not done, the Government cannot be saddled with

any liability to pay salary. It is submitted that even in Ext.P2, the

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Government have clearly mentioned that Junior Lecturers have to be

redeployed to schools when Pre-degree courses are delinked from the

colleges. Mainly it is contended that the Management of the college should

have redeployed the petitioner to the school owned by them. It is also

pointed out that the action of the Management in appointing teachers afresh

in Higher Secondary School without considering the deployment of the

petitioner is against Government Orders. It is also submitted that delay on

the part of the Management in deploying the petitioner to the Higher

Secondary School cannot result in any liability on the Government to meet

the claim for salary.

6. The question is whether the petitioner is entitled to be paid

salary by the official respondents. It is clear from the orders produced that

the approval of appointment of the petitioner has been accorded by Exts.P3

and P4 orders. There was some dispute between the Lecturers like the

petitioner and the Management regarding fresh appointments that were

attempted to be made by the Management. The petitioner had submitted

option for the purpose of getting deployment to the Higher Secondary

School. Since the petitioner had approached this Court way back in the year

1998 by filing O.P.No.13170/1998, it can be safely presumed that the

petitioner was willing to be deployed to the Higher Secondary School. The

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position that is emerging from the pleadings evidences the fact that similarly

placed persons have been paid salary in the light of the directions issued by

this Court.

7. One objection that is raised by the Government Pleader is that

the liability to pay salary can arise only if a deployment was made at the

right point of time and the willingness in the matter cannot render the

Government liable to pay salary. Admittedly, the petitioner is at present

getting salary in the scale of Junior Lecturer even after deployment to the

school as the same is protected. Therefore, even if the petitioner was

deployed earlier from the college to the school, he was entitled to be paid

salary in the same scale of pay. Hence, the obligation is on the part of the

Government to pay salary to the petitioner even now since the school is an

aided school and therefore, the contention that since the deployment was

delayed, the Government should be relieved of the responsibility from

paying the salary cannot be allowed.

8. In that view of the matter, there will be a direction to the

second and third respondents to take appropriate action to disburse

admissible salary to the petitioner for the period from 01/11/2001 to

29/02/2004 while he was working as Junior Lecturer in S.N.M. College,

Maliankara. The arrear bills will be forwarded by the Principal of the

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College within a period of one month from the date of receipt of a copy of

the judgment to the third respondent. The third respondent will take further

action in the matter and the admissible amounts will be disbursed within a

further period of three months thereafter.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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