High Court Kerala High Court

State Of Kerala vs Reena Nair on 19 February, 2008

Kerala High Court
State Of Kerala vs Reena Nair on 19 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 258 of 2008()


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner
2. THE DEPUTY DIRECTOR OF COLLEGIATE

                        Vs



1. REENA NAIR, LECTURER IN ENGLISH,
                       ...       Respondent

2. THE UNIVERSITY OF KANNUR,

3. THE MANAGER,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :19/02/2008

 O R D E R
               K.BALAKRISHNAN NAIR, & P.N.RAVINDRAN, JJ.

               ----------------------------------------------------

                                W.A.No.258 of 2008

                     --------------------------------------------

                   Dated this the  19th  day of February, 2008.


                                   J U D G M E N T

Balakrishnan Nair, J.

This writ appeal is filed by respondents 1 and 2 in the writ

petition. The writ petitioner approached this Court feeling aggrieved by

the non-payment of salary to her though the University approved her

appointment as per Ext.P2. By Ext.P3, the Deputy Director declined to

honour her salary bill. Therefore, the writ petition was filed challenging

Ext.P3. The learned Single Judge by interim order dated 2-11-2007

directed payment of salary to the petitioner. Feeling aggrieved by the

said direction, respondents 1 and 2 in the writ petition have filed this

writ appeal. According to them, the P.G.Course in English in the

petitioner’s college has been sanctioned as per Annexure-A1 order on

the specific condition that there will not be any additional financial

commitment to the State by reason of sanction of that course.

According to the Government, the periods for the said course cannot be

taken into account for approval of appointment of teachers. Even if the

University approves the appointments made, taking into account the

additional periods of the P.G.Course in English the Government are not

bound to pay salary, it is submitted. The writ petitioner points out that

W.A.No.258/2008 -2-

the consistent stand taken by this Court is that once the University

approves the appointment, the Government are bound to pay the

salary. In support of that submission, a recent writ appeal judgment

rendered by us in W.A.No.3030/2007 is also relied on. The said

decision was rendered by us relying on a number of decisions of this

Court on the above aspect. But, the appellants would submit that all

the relevant facts cannot be placed before this Court when the said

appeal was heard. They point out that since the periods sanctioned as

per Annexure A-1 were also taken into account for approving the

appointment of the writ petitioner and others, the Government are not

bound to pay salary for the additional posts of English lecturers

approved taking into account those additional periods also.

(2). The University would admit that if the periods for M.A.

(English) are excluded, the remaining periods will be only 51 hours.

The total 126 hours were taken into account for approval of

appointment of the petitioner which includes 75 hours of M.A. (English)

also. Learned counsel for the University also submits that the

University is granting approval with reference to the number of periods

available, in the light of the Ordinance of the University. The liability to

pay salary has nothing to do with the approval, it is submitted. The

W.A.No.258/2008 -3-

University in its counter also stated that there are 6 teachers working

in the English Department apart from the present petitioner.

(3). The point canvassed by the appellants, according to

them, is covered by the decision of this Court in State of Kerala Vs.

Arun George (2008 (1) KLT 195) . But, the learned counsel for the

writ petitioner has got a case that the said decision permits

appointment to retirement vacancies. The writ petitioner has been

appointed in a retirement vacancy. She has also got a case that a

person appointed subsequent to her is drawing salary pursuant to the

order of this Court.

(4). We notice that, by the interim order, the learned

Single Judge has practically granted the final relief in the writ petition.

The point canvassed by the appellants relying on the decision of this

Court in State of Kerala Vs. Arun George (2008 (1) KLT 195) and also

relying on Annexure A-1 is not seen considered while the interim order

was passed. May be, the Government may not have brought the same

to the notice of the learned Single Judge. If the contentions of the

appellants are upheld, the petitioner may not be entitled to get salary

from the State Government. We are refraining from expressing any

W.A.No.258 /2008 -4-

opinion regarding the rival contentions as one side or other will be

affected by it at the time of final hearing of the writ petition. But, we

have no doubt in our mind that the impugned order should not have

been passed as an interim measure. Accordingly, it is set aside. It is

made clear that we have not expressed any final opinion regarding the

contentions raised by both sides. The learned Single Judge is free to

take a decision in accordance with law uninfluenced by our

observations. We hope that the learned Single Judge will try to hear

the writ petition expeditiously.

Writ Appeal is disposed of as above.

K.BALAKRISHNAN NAIR, JUDGE.

P.N.RAVINDRAN, JUDGE.

MS