IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5315 of 2009(H)
1. M.R.PADMAKUMARI,LECTURER IN MATHEMATICS,
... Petitioner
2. VIJAYALAKSHMI.S, LECTURER IN MATHEMATICS
Vs
1. UNIVERSITY OF KERALA, REPRESENTED BY THE
... Respondent
2. THE PRINCIPAL, MSM COLLEGE, KAYAMKULAM.
3. THE DEPUTY DIRECTOR OF COLLEGIATE
4. THE DIRECTOR OF COLLEGIATE EDUCATION,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.M.RAJAGOPALAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.5315 of 2009
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Dated 23rd March, 2009
JUDGMENT
Heard both sides.
2. The first petitioner was initially appointed as Lecturer in
Mathematics in the leave vacancy of Smt.Suseela.M during the
period from 6.11.1989 to 20.12.1989. That said appointment was
approved. The second petitioner was likewise appointed in the leave
vacancy of Sri.Shajahan.A during the period from 6.11.1989 to
20.12.1989. That appointment was also approved. Later, they were
re-appointed as per Exts.P3 and P4 orders issued on 2.6.2008
against the retirement vacancies of Smt.P.G.Tharamma and
Smt.V.S.Susamma respectively. The said appointments were also
approved by the University of Kerala. However, the Deputy Director
of Collegiate Education objected to payment of salary and
allowances to them on the ground that prior permission of the
Government had not been obtained before they were appointed.
3. Exts.P3 and P4 disclose that the petitioners were
appointed against retirement vacancies. The Department had no
W.P.(C).5315/2009 2
objection in payment of salary and allowances to the incumbents who
retired. Further, though this Court had by order passed on 5.3.2009
directed the official respondents to state whether they had any
objection to payment of salary and allowances to the incumbents in
whose retirement vacancies the petitioners were appointed, till date
they have not chosen to file a counter affidavit. I am, therefore,
prima facie satisfied that the objection raised by the Deputy Director
of Collegiate Education to the payment of salary and allowances to
the petitioners with effect from 2.6.2008, the date on which their
appointments were approved by the University of Kerala, is not
tenable. I accordingly direct the respondents to disburse to the
petitioners the salary and allowances applicable to the post of
Lecturer in Mathematics with effect from 2.6.2008. Payment as
directed above shall be made within a period of one month from the
date of receipt of the arrear bill from the Principal of College. The
respondents shall also continue to pay to the petitioners, salary and
allowances at the applicable rates.
The writ petition is disposed of accordingly.
P.N.RAVINDRAN
JUDGE
TKS