This writ appeal challenged an order directing the payment of salary to an Economics lecturer whose employment was approved by Calicut University but whose salary was withheld due to alleged post norms. The High Court dismissed the appeal.
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 K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN
TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931
WA.No. 1745 of 2009()
--------------------AGAINST THE JUDGEMENT IN WPC.29204/2008 Dated 16/03/2009
APPELLANTS/RESPONDENTS 3 TO 5 IN WPC
2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION,THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE.
BY GOVERNMENT PLEADER, SMT.R.BINDU.
RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 IN WPC
2. THE MANAGER,PAZHASSI RAJA COLLEGE, PULPALLY.PO,WYNAD DISTRICT.
3. THE UNIVERSITY OF CALICUT,REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY.PO.
ADV. SRI.BABU VARGHESE FOR R1 SRI.V.C.JAMES FOR R2 SRI.P.C.SASIDHARAN, SC, FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BALAKRISHNAN NAIR & P.BHAVADASAN, JJ.
W.A. No. 1745 OF 2009
Dated this the 13th day of October, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The respondents 3 to 5 in the Writ Petition are the appellants. The 1st respondent herein was the writ petitioner. He filed the Writ Petition, feeling aggrieved by the omission of the appellants to release the salary due to him.
The 1st respondent was appointed as Lecturer in
Economics in the 2nd respondent's College by Ext.P2 order of the Manager dated 16.8.2007. The said appointment was approved by the University of Calicut as per Ext.P2(a) dated 2.1.2008. Even thereafter, no salary was released by the Deputy Director of Collegiate Education, Kozhikode. So, the Writ Petition was filed, seeking appropriate reliefs to redress the aforementioned grievance.
W.A.No.1745/2009
2
W.A.No.1745/2009
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norms, other Universities have raised the additional hours necessary for creation of an additional post as six. In Calicut University, even now, it remains as one. So, even going by the norms prescribed in other Universities, eight hours justify the creation of an additional post. Therefore, we find no reason to interfere with the judgment of the learned Single Judge. Accordingly, the Writ Appeal fails and it is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(P.BHAVADASAN, JUDGE)
ps
2 issues framed by the court
Whether the élevé of salary due to a lecturer justified under the Ordinance of the University of Calicut warrants interference with the Single Judge's order directing payment.
Whether the hours prescribed by the University Ordinance versus state norms permit the creation of a third teaching post.
STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM
THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE
JOBEN K. ANTONY
THE MANAGER, PAZHASSI RAJA COLLEGE, PULPALLY, P.O, WYNAD DISTRICT
THE UNIVERSITY OF CALICUT
K. BALAKRISHNAN NAIR
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
