Pocker Sahib Memorial Orphanage vs Government Of Kerala Rep. By … on 25 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34037 of 2007(B)


1. POCKER SAHIB MEMORIAL ORPHANAGE
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA REP. BY SECRETARY
                       ...       Respondent

2. THE DIRECTOR OF COLLEGIATE EDUCATION,

3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,

4. THE UNIVERSITY OF CALICUT,

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :25/01/2010

 O R D E R
                         S. SIRI JAGAN, J.

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                 W.P. (C) No. 34037 OF 2007
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            Dated this the 25th day of January, 2010

                           J U D G M E N T

The petitioner is the Manager of an aided college.

He filed this writ petition seeking the following reliefs:-

a) issue a writ of mandamus or other appropriate writ,
order or direction to the respondents to permit the
petitioner to fill up the vacancies in sanctioned posts
excluding those attributable to new courses
sanctioned without additional financilal commitment
lying vacant as shown in Ext.P3 statement and make
appointment;

b)issue appropriate writ, order or direction to
respondents 1 and 4 to send nominee to the
Selection Committee expeditiously to be constituted
by the petitioner for selecting candidates for
appointment;

c)issue appropriate writ, order or direction to the
respondents to grant approval to the appointments
and disburse salary to the teachers;

d)grant such other and further reliefs as this Hon’ble
Court may deem fit to grant in the facts and
circumstances of the case.

2. Originally, pursuant to the interim orders of this court,

the Government nominated their representative to the

selection committee to be constituted by the petitioner for

selection of teachers, pursuant to which teachers have been

WPC.34037 of 2007
: 2 :

selected and appointed. Their appointments have also been

approved by the University. The present subsisting grievance

in this writ petition is that despite the approval granted by the

University for the appointments, salary due to the teachers are

not being disbursed. According to the petitioner, in view of the

Division Bench decision of this Court in State of Kerala Vs.

Arun George(2009(4)KLT 972), the Government cannot

withhold the salary of the teachers whose appointments have

been approved by the University.

3. The learned Government Pleader on instructions

submits that the Government does not accept that the

approval is proper and valid.

4. I am of the opinion that if the Government have

objections regarding the approval, they have to take up the

same with the University or challenge the approval granted by

the university appropriately. But as long as the approval

stands the Government cannot deny salary due to the

approved teachers in view of the above said decision and other

decisions of this court. In the above circumstances, I dispose

WPC.34037 of 2007
: 3 :

of this writ petition with a direction to respondents 1 to 3 to

disburse the salary due to the approved teachers of the

petitioner’s college within one month from the date of receipt

of a copy of this judgment, this is without prejudice to the

right of the first respondent to take up the matter regarding

the validity of the approval with the University or to challenge

the approval granted by the University appropriately.

(S. SIRI JAGAN, JUDGE)

jma
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P.A. To Judge