IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16217 of 2004(E)
1. SMITHA CHACKO, GUEST LECTURER IN
... Petitioner
2. BABU V.S. GUEST LECTUER IN COMMERCE,
3. ZEPHYR.C.KOTTAYIL,
4. SINDHU MOL V.R. GUEST LECTUER IN MICRO
5. SMITHA ELIZEBETH KURIAKOSE, GUEST
6. NEEMA NARAYANAN, GUEST LECTUER IN
7. SONA VALSARAJ, GUEST LECTURER IN
8. VINCY K.T. GUEST LECTURER IN COMPUTER
9. MANJUSHA GEORGE, GUEST LECTUER IN
Vs
1. THE SECRETARY, HIGHER EDUCATION
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE DEPUTY DIRECTOR OF COLLEGIATE
4. THE SUB TREASURY OFFICER,
For Petitioner :SRI.B.MOHANLAL
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/04/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) Nos. 16217/2004 & 13568/2005
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Dated this, the 8th day of April, 2010.
J U D G M E N T
The petitioners in these two writ petitions are Guest Lecturers
working in Pazhassiraja College, Wyanad. They were originally
appointed in 1999. They were getting salary till March, 2002.
Thereafter, salary was stopped. In W.P(C) No. 16217/2004 filed by
the petitioners, this Court directed consideration of the petitioners’
claim. The petitioners’ claim was rejected by the Deputy Director of
Collegiate Education, Kozhikode by Ext. P11 produced in W.P(C) No.
13568/2005, holding that there is no sufficient workload to continue
to engage the petitioners as Guest Lecturers and the course for
teaching which the petitioners were appointed was sanctioned
without any additional financial commitment from the Government.
The petitioners contend that the stand of the Deputy Director is totally
against several Division Bench decisions of this Court, the latest of
which is State of Kerala v. Arun George, 2009(4) KLT 972. The
petitioners, therefore, seek a direction to the respondents to disburse
the salary due to the petitioners.
2. The learned Government Pleader argues in support of the
orders of the Government.
3. I have considered the rival contentions in detail.
4. It is settled law that the jurisdiction to decide on the
workload and the staff strength in an aided college is with the
University to which the college is affiliated, and not the Government.
Here, the Government themselves have fixed the workload and the
staff strength, which cannot be countenanced. In view of the Division
Bench decisions, the Government cannot take a stand that since the
course was sanctioned without additional financial commitment, the
Government is not bound to disburse salary to the teachers appointed
by the manager. In the above circumstances, these writ petitions are
W.P.C. Nos. 16217/04 & 13568/05 -: 2 :-
disposed of with the following directions:
The petitioners shall produce a certified copy of this judgment
before the University to which the Pazhassiraja College, Pulpally,
Wyanad is affiliated. The University shall thereupon assess the
workload of the college from 2000 onwards and consider whether the
workload justifies appointment of the petitioners as Guest Lecturers.
The assessment of the workload shall be strictly in accordance with
the judgment in Arun George’s case (supra). On such assessment,
if the workload justifies the appointment of the petitioners as Guest
Lecturers, the University shall forward their decision on the same to
the Deputy Director of Collegiate Education. Thereupon, if the
University finds that the workload justifies the engagement of the
petitioners as Guest Lecturers, the 3rd respondent shall disburse
salary due to the petitioner with arrears within a period of one month
from the date of receipt of the decision of the University. The
University shall give their decision within a period of two months from
the date of receipt of a copy of this judgment. If the Government is
aggrieved by the determination of the workload, they would be free to
challenge the same appropriately.
Sd/- S. Siri Jagan, Judge.
Tds/