Petition placed in Selection Grade was denied arrears of salary as broken service pre-1996 unreckonable. Court quashed rejection order and directed calculation of arrears from July 1998.
Impugned order rejecting arrears claim to be quashed; respondent directed to countersign arrears bill from July 27, 1998 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER
FRIDAY, THE 3RD NOVEMBER 2006 / 12TH KARTHIKA 1928
WP(C).No. 10777 of 2006(G)
PETITIONER:
HARRY CLEETUS, LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, ST. ALBERT'S COLLEGE, ERNAKULAM.
BY ADV. SRI.BABU VARGHESE
RESPONDENTS:
ST. ALBERT'S COLLEGE, ERNAKULAM.
R1 BY ADV. SRI.P.GEORGE WILLIAM
R2 BY ADV. SHRI V.A. MUHAMMED
R3 TO R5 BY SHRI A.J. VARGHESE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
EXT.P1-TRUE COPY OF THE ORDER OF APPROVAL ISSUED TO THE PETITIONER ON HIS PLACEMENT AS SENIOR GRADE LECTURER DATED 23.3.1996
EXT.P2-TRUE COPY OF THE ORDER OF APPROVAL GRANTED TO THE PETITIONER BY THE UNIVERSITY ON HIS PLACEMENT AS SELECTION GRADE LECTURER DATED 19.8.2004
EXT.P3-TRUE COPY OF THE GO DATED 24.12.96
EXT.P3(A)-TRUE COPY OF THE UNIVERSITY ORDER DATED 19.12.2005 ON COVERING OF BROKEN PERIOD OF SERVICE.
EXT.P4-TRUE COPY OF THE LETTER SENT BY R5 DATED 29.3.2006
EXT.P5-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R5 DATED 31.3.2006.\
EXT.P6-TRUE COPY OF GOVT. LETTER DATED 28.5.1999 TO THE DIRECTOR OF COLLEGIATE EDUCATION.
// TRUE COPY//
A. K. Basheer, J.
- - - - - - - - - - - - - - - W.P.(C)No.10777 Of 2006-G
- - - - - - - - - - - - - - - Dated this the 3rd day of November, 2006.
JUDGMENT
Petitioner who is working as a Selection Grade Lecturer in the Department of Zoology in the college under the management of respondent No.1, has preferred this writ petition praying for issuance of a writ of certiorari to quash Ext.P4 order by which the claim of the petitioner for arrears of salary has been rejected. In Ext.P4 order respondent No.4 took the view that the broken periods of service rendered by the petitioner could not have been reckoned for granting promotion to him in view of the order issued by the Government in this regard (G.O.(P) No.171/99/H.Edn. Dated 21.12.1999). Petitioner prays that it may be declared that he is entitled to get arrears of salary in the promoted post with effect from July 27, 1998 on the strength of Exts.P2, P3 and P3(a) orders.
W.P.(C) 10777/2006 2
1987 to February 29, 1988 and also from June 1, 1988 to July 1, 1988. On completion of 8 years of service in the category of Lecturer, petitioner was promoted as Senior Scale Lecturer. His promotion was approved by respondent No.4 as revealed from Ext.P1. The Syndicate of the University had also approved the promotion of the petitioner as Lecturer (Senior Scale) as could be seen from Ext.P2.
W.P.(C) 10777/2006
3
No.5 has been produced as Ext.P4 which is impugned in this writ petition.
W.P.(C) 10777/2006
4
paid salary attached to the post of Selection Grade Lecturer ever since his placement in July 1998. The objection was raised only when petitioner had claimed arrears of salary with effect from July 1998. In this context, petitioner has placed reliance on Ext.P6 order issued by the Government in which it has been clarified that “appointments in private colleges against leave vacancies cannot be considered as provisional or temporary.”
W.P.(C) 10777/2006
5
Ext.P4 to the extent it rejects the claim of the petitioner is quashed. The writ petition is disposed of with a direction to respondent No.5 to countersign the bill for arrears of salary submitted by the petitioner for the period starting from July 27, 1998 if there is no other legal impediment. Arrears of salary shall be disbursed to the petitioner within two months from the date of receipt of a copy of this judgment on his executing an appropriate bond in this regard undertaking to repay the same if it is ultimately found that he is not entitled to receive it. If any clarification is found necessary, it will be open to respondent No.4 and/or respondent No.5, to approach the University or the Government, as the case may be. But this consultation process shall be completed within two months from the date of receipt of a copy of this judgment.
(A.K. Basheer) Judge.
Kav/
2 issues framed by the court
Whether the petitioner is entitled to arrears of salary in the promoted post reckoning broken periods of service prior to 1.1.1996.
Whether recess in service rendered by a lecturer in temporary vacancies prior to 13.3.1999 and regularised thereafter can be counted for qualifying service for placement.
Harry Cleetus
The Manager, St. Albert's College, Ernakulam
The Mahatma Gandhi University
The State of Kerala
Director of Collegiate Education, Vikas Bhavan
The Deputy Director of Collegiate Education, Ernakulam
A.K. Basheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
