IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18831 of 2007(P)
1. SHINIL JAMES,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KANNUR UNIVERSITY,
3. THE MAHATMA GANDHI COLLEGE, IRRITTY,
4. THE DIRECTOR OF COLLEGIATE EDUCATION,
5. THE DEPUTY DIRECTOR OF COLLEGIATE
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/06/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 18831 OF 2007 P
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Dated this the 12th June, 2008
JUDGMENT
The petitioner was appointed as Lecturer in Physical Education in
Mahatma Gandhi College, Irritty, as per Ext.P1 appointment order dated
28.2.2006. The Kannur University approved the appointment of the
petitioner as per Ext.P4 order dated 27.5.2006. The grievance of the
petitioner is that in spite of the approval of the appointment by the
University, his salary was not disbursed.
2. The reliefs prayed for in the Writ Petition are the following:
“i) Issue a writ in the nature of mandamus directing
respondents 1, 4 and 5 to issue necessary orders for
the disbursement of the salary to the petitioner in view
of the appointment as per Ext.P1 and the approval of
appointment by the University as per Ext.P4.
ii) Issue a writ declaring that the norms framed to the
effect that principal shall take 3 to 5 hours classes in
a week cannot be made applicable to Physical
Education and even when that is applied the
Department of Physical Education is having more
working hours than other faculties.
iii) Issue such other order or direction, as this court may
deem fit and proper in the interest of justice.”
3. In Cherian Mathew v. Principal, S.B.College,
Changanacherry (1998 (2) KLT 144) and Shalini Rachel v. Manager,
Christian College (2007 (3) KLT 355), this Court has taken the view that
W.P.(C) NO.18831 OF 2007
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once the University approves the appointment of a Lecturer, the
Government is bound to honour his salary bill.
4. Sri.George Poonthottam, learned counsel for the petitioner, has
brought to my notice that Government has issued G.O.(MS)
No.21/08.H.Edn. Dated 15.3.2008, according sanction for one post of
Lecturer in Physical Education in the third respondent College. He
submitted that in view of the Government Order dated 15.3.2008, the
respondents are bound to disburse the salary to the petitioner.
5. Learned Government Pleader, on instructions, submitted that
the petitioner is entitled to get his salary disbursed, pursuant to approval
of Ext.P1 appointment order by the University and also in the light of the
Government Order dated 15.3.2008. The submission made by the
learned Government Pleader is recorded.
The Writ Petition is disposed of directing the fifth respondent, the
Deputy Director of Collegiate Education, Kozhikode, to countersign the
salary bills for facilitating payment of salary to the petitioner from 1.3.2006
onwards.
(K.T.SANKARAN)
Judge
ahz/