Disposed

Preetha V.K v. the Manager, S.N.College

Kerala HC6 Apr 2016WP(C)/2045/2016

Case brief

AI extract

What is this about?

In a writ petition concerning the petitioner's denial of salary, Justice V.K. ChandrAN noted that while the post sanction was pending, the petitioner's salary from April 2016 would be paid, with arrears payable within two months of sanction. The writ petition was disposed of on 6th April 2016.

What did the court decide?

Salary from April 2016 to be paid; arrears to be paid within two months of sanction.

Preetha V.K Vs the Manager, S.N.College — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

WEDNESDAY, THE 6TH DAY OF APRIL 2016/17TH CHAITHRA, 1938

¶5

WP(C).No. 2045 of 2016 (E)

¶6

PETITIONER(S):

¶7

PREETHA V.K, AGED 40 YEARS W/O.PRATHAPAN, SREEMANATHOTTAM, KOTTAPPURAM, KAMUKINCODE, KODANGAVILA PO, THIRUVANANTHAPRUAM, WORKING AS ASSISTANT PROFESSOR IN MALAYALAM, S.N.COLLEGE, CHEMAZHATHY.

¶8

BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

¶9

RESPONDENT(S):

¶10

1. THE MANAGER, S.N.COLLEGE, KOLLAM - 691 001.

¶11

2. UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THIRUVANANTHAPRUAM 695 034.

¶12

3. DIRECTOR FO COLLEGIATE EDUCATION, THIRUVANANTHAPRUAM 695 001.

¶13

4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM 691 001.

¶14

5. STATE OF KERALA REPRESETNED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPRUAM 695 001.

¶15

R1 BY ADV. SRI.A.N.RAJAN BABU R1 BY ADV. SRI.P.GOPALAKRISHNAN (MVA) R1 BY ADV. SRI.A.R.EASWAR LAL R4 BY ADV. GOVERNMENT PLEADER SRI. M.A FAYAZ R BY SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 2045 of 2016 (E)

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

--------------- EXT.P1-	--------------------- TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
EXT.P2-	TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE
EXT.P3-	TRUE COPY OF THE WORK LOAD APPROVED BY THE 2ND RESPONDENT
EXT.P4-	TRUE COPY OF THE APPROVAL ORDER DTAED 9.7.2015
EXT.P5-	TRUE COPY OF THE JUDGMENT IN WP(C) 17530/2014 DATED 4.3.2015
EXT.P6-	TRUE COPY OF THE JUDGMENT IN WP(C) 32921/15 DATED 22.12.2015
EXT.P7	COPY OF THE CIRCULAR DATED 14.5.15
EXT.P8	COPY OF THE REPLY STATEMENT DATED 15.5.15
EXT.P9	COPY OF THE WORK LOAD ASSESSMENT FOR THE YEAR 2015.

¶21

RESPONDENT(S)' EXHIBITS

¶22

ANNEXURE R4(A)	COPY OF THE REPORT FURNISHED BY THE DIRECTOR OF COLLEGIATE EDUCATION, DATED 31.12.15
ANNEXURE R4(B)	COPY OF THE LETTER ADDRESSED TO THE GOVT. DATED 8.2.16
ANNEXURE R4(C)	COPY OF THE LETTER ADDRESSED TO THE DIRECTOR OF COLLEGIATE EDUCATION DATED 8.2.16
EXT.R1(A)	COPY OF MINUTES OF THE ADALAT CONVENED BY 4TH RESPONDENT ON 21.11.14
EXT.R1(B)	COPY OF THE REQUEST OF THE 1ST RESPONDENT TO ACCORD SANCTION TO THE POST VIDE LETTER NO.5(C)/ 1/4022 DATED 19.1.13
EXT.R1(C)	COPY OF THE ACCORDING CONCURRENCE OF THE GOVT. VIDE NO.5 DATED 9.3.15

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

¶27

=====================

¶28

W.P.(C) No.2045 of 2016 - E

¶29

====================== Dated this the 06^th day of April, 2016

¶30

J U D G M E N T

¶31

The petitioner is aggrieved with the denial of salary

¶32

and the concurrence of approval, for reason of concurrence of approval not being granted till now for the appointment made as per Ext.P1. The petitioner was appointed on 30.05.2013 as an Assistant Professor in Malayalam. The college in which the petitioner was appointed has students strength to accommodate three posts of teachers in Malayalam, of which, only two are presently working, is the contention of the petitioner.

¶33

The State had filed a counter affidavit specifically contending that the sanction of post has not been granted, despite, there being sufficient work load in the college. It was also submitted that it was for the management to approach the Government for sanction of staff strength.

¶34

The management has now filed a counter affidavit dated 25.03.2016, in which the management has produced

¶35

¶36

W.P.(C) No.2045 of 2016 - E

¶37

documents to indicate that the officers of the State had found the available staff strength in Ext.R1(a) and that the management had also sought for sanction as per Ext.R1(b). A reading of Ext.R1(a), which was the minutes of the Adalath called for by the Deputy Director of Collegiate Education on 21.11.2014, indicates that as per item no. VII, the requirement for sanction of an additional post in Malayalam was found. Ext.R1(b) is said to be

¶38

pending before the Government. In such circumstance, the Government shall consider the same, within a period of three months and on sanction, the arrears shall also be paid. It is made clear that the petitioner's salary from the month of April 2016 shall be paid, as directed herein. The arrears shall be paid, within two months from the date of sanction.

¶39

The writ petition is disposed of.

¶40

Sd/K. VINOD CHANDRAN,

JUDGE

SB/06/04/2016

// true copy //

P.A to Judge.

Preetha V.K v. the Manager, S.N.College

Case brief

What is this about?

What did the court decide?

Preetha V.K v. the Manager, S.N.College

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Girija Sabariyar Vs Union of India

C.Ashakumari Vs State of Kerala

K.Kunchu Vs Kerala Water Authority

T. Rajeshwari Vs K. Padmakumar

Dr.G.Jeeja Vs University Grants Commission & Others

V.D.Mary Vs the State of Kerala