The Court held that a government notification amending age limits implies an honorary reform to the legislature's intent, entitling the petitioner to unpaid salary for months already worked, regardless of her age at appointment.
Directed the First Respondent University to disburse the petitioner's salary for February and March 2005 within three 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.V.RAMAKRISHNA PILLAI
THURSDAY, THE 10TH DAY OF OCTOBER 2013/18TH ASWINA, 1935
WP(C).No. 390 of 2006 (U)
PETITIONER :
DR. PRABHAVATHI AMMA N.,
W/O. MURALEEDHARAN M.S., POKKAMATTATHIL, PUTHUMANOOR, PUTHENCRUZ P.O. (LECTURER IN HINDI, ST.PETER'S COLLEGE, KOLENCHERRY (TERMINATED).
BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN
RESPONDENTS :
SMT. SHEELA, (DELETED) LECTURER IN HINDI, ST. PETER’S COLLEGE, KOLENCHERRY, ERNAKULAM.
WP(C).No. 390 of 2006 (U)
ADDL. R4:
Dr. K.P. USHAKUMARI, LECTURER IN HINDI, ST. PETER’S COLLEGE, KOLENCHERRY.
ADDL. R4 IS IMPLEADED AS PER ORDER DATED 17.07.2006 IN I.A.NO.9503 OF 2006
R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R1 & R2 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY R1 & R2 BY ADV. SRI.VIVEK VARGHESE P.J., SC, M.G. UNIVERSITY R1& R2 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R1 & R2 BY ADV. SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY R3 BY ADV. MILLLU DANDAPANI ADDL.R4 BY ADV. SRI.T.S.RAJAN ADDL.R4 BY ADV. SRI.BIJU HARIHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
WP(C).No. 390 of 2006 (U)
APPENDIX
PETITIONER’S EXHIBITS :
RESPONDENTS’ EXHIBITS :
WP(C).No. 390 of 2006 (U)
EXT R3(5) COPY OF ORDER NO.CD.1[2]/X PLAN [CFDP]/SUB.APPRL./2005 DATED 29.08.2005 OF THE 1ST RESPONDENT APPROVING APPOINTMENT OF DR. K.P.USHAKUMARI.
// True Copy //
P.A. To Judge
DSV/-
A.V.RAMAKRISHNA PILLAI, J.
W.P.(C) No. 390 of 2006
Dated this the 10th day of October, 2013
The petitioner has approached this Court alleging that she was not paid her salary for the months of February and March of 2005, though she worked as a lecturer in Hindi under the third respondent.
in Hindi and was appointed as lecturer in Hindi in the substitute vacancy for a period from 02.02.2005 to 01.02.2007 as per Exhibit P1 order issued by the 3rd respondent. At the time of her appointment, she had completed the age of 40 years and the 3rd respondent terminated her service on the reason that her appointment would not be approved. In the meanwhile, the Government issued an order amending the age limit from 35 to 40 w.e.f. 01.01.2004 on 08.07.2005. Since
W.P.(C) No. 390 of 2006
2
the petitioner’s request to permit to join duty was rejected by the first respondent, she filed a detailed representation before the 2nd respondent which was rejected stating that on 26.05.2004, she was over aged. According to the petitioner, the said reasoning is illegal and against the intention of the Government in Exhibit P2 order. According to the petitioner, the amendment to Rule 4 of the Special Rules for Collegiate Education State Service was not considered while rejecting her representation.
W.P.(C) No. 390 of 2006
3
notification to the petitioner. Therefore, this Court is of
the definite view that the petitioner is entitled to the said benefit. The learned counsel for the 3rd respondent would submit that the liability to pay the salary rests with the first respondent University and therefore the 3rd respondent be exonerated. I see force in the said submission.
In the result, this writ petition is allowed directing the first respondent to disburse the salary of the petitioner for the months of February and March of 2005, during she worked as lecturer in the Department of Hindi under the 3rd respondent. This order shall be complied within a period of three months from today.
Sd/A.V.RAMAKRISHNA PILLAI, JUDGE.
// True Copy //
P.A. To Judge
DSV/10/10
W.P.(C) No. 390 of 2006 4
2 issues framed by the court
Whether the petitioner is entitled to unpaid salary for February and March 2005 despite her age at the time of appointment.
Whether the statutory notification amending age limits applies retroactively to benefit months of service already rendered.
Dr. Prabhavathi Amma N.
M.G. University
Directorate of Collegiate Development Council, M.G. University
A.V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
