Disposed

Bindukala P.N v. the Manager

Kerala HC9 Feb 2016WP(C)/450/2016

Case brief

AI extract

What is this about?

Writ petition filed regarding non-disbursement of salary and arrears to an appointed Assistant Professor. Court referred to earlier judgment directing salary payment pending verification by Directorate. Issued directions for payment of current salary and arrears subject to verification of appointment irregularities.

What did the court decide?

Directed Directorate of Collegiate Education to pay current salary within two months and arrears within three months subject to verification of appointment regularities.

Bindukala P.N Vs the Manager — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937

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WP(C).No. 450 of 2016 (E)

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PETITIONER:

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BINDHUKALA P.N., AGED 45 YEARS NARAYANEEYAMKALLUVILA, PALACKAL, THEVALAKARA P.O. KARUNAGAPPALLY, KOLLAM - 690 524 WORKING AS ASSISTANT PROFESSOR IN HINDI, S N COLLEGE KOLLAM

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BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1. THE MANAGER

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S.N. COLLEGE, KOLLAM - 691 001.

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2. UNIVERSITY OF KERALA

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REP BY ITS REGISTRAR, UNIVERSITY CAMPUS THIRUVANANTHAPURAM - 695 034.

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3. DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695 001.

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

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5. STATE OF KERALA

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REP BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT THIRUVANANTHAPURAM - 695 001.

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BY ADVS. SRI.A.N.RAJAN BABU, SC, UNIVERSITY OF KERALA

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SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA BY GOVERNMENT PLEADER SMT. M.J. RAJASREE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 450 of 2016 (E)

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APPENDIX

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PETITIONER'S EXHIBITS :-

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EXT.P1	-	COPY OF THE APPOINTMENT ORDER OF THE PETITIONER.
EXT.P2	-	COPY OF THE MINUTES OF THE SELECTION COMMITTEE.
EXT.P3	-	COPY OF THE WORK LOAD APPROVED BY THE 2ND RESPONDENT .
EXT.P4	-	COPY OF THE APPROVAL ORDER DATED 09/07/2015.
EXT.P5	-	COPY OF THE

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J.

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---------------------------------W.P(C). No.450 of 2016-E

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---------------------------------Dated this the 9^th day of February, 2016

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JUDGMENT

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The petitioner is aggrieved with the non-disbursal of salary in an appointment in

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the 1^st respondent's College, which is approved by the 2^nd respondent University as per Ext.P4 order dated 09.07.2015. The petitioner was appointed as an Assistant Professor in Hindi under the 1^st respondent, Educational Agency, and was posted to S.N. College, Kollam. The petitioner's appointment was approved by the Syndicate of the University of Kerala and Ext.P4 order was issued in this regard. The

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W.P(C). No.450 of 2016-E

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petitioner, though was appointed on 10.10.2012, has not been paid her salary till date.

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The learned Government Pleader submits

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that a similar issue was considered by this Court in a judgment dated 04.03.2015 in WP(C) No.17530 of 2014. A reading of the aforesaid judgment shows that there was a dispute with respect to the appointments made to the S.N. Colleges all over the state. The Director of Collegiate Education in fact specifically objected to the appointments made, in excess of the requirement and this related to a umber of Colleges all over the State, affiliated to various Universities.

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This Court, in judgment dated 04.03.2015 in WP(C) No.17530 of 2014, took notice of the two decisions of the Division Bench of this

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W.P(C). No.450 of 2016-E

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Court, holding that once the University approves the appointment of the Teachers with reference to the verified workload, then the Director of Collegiate Education cannot object to the payment of salary.

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In such circumstance, the directions in the aforesaid judgment shall be applicable herein also. The following directions are issued:

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“1. The Directorate of Collegiate Education shall ensure that current month salary onwards is paid to all the petitioners within two months from today.

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2. The entire arrears shall be paid within three months. 3. The Directorate of Collegiate Education can verify with respect to each of the petitioners' appointment and find out whether there exist any irregularity in the approval granted to the appointment of the petitioners.

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4. The approval granted by the University and the direction

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W.P(C). No.450 of 2016-E

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of this Court to pay the salary will be subject to decision of the Directorate of Collegiate Education in such enquiry to be conducted.”

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The petitioner's appointment and continuance in

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the present post shall also be verified accordingly and her salary disbursed.

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The writ petition is disposed of. No costs.

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Sd/-

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K. VINOD CHANDRAN,

JUDGE.

//True Copy//

P.A. to Judge.

sp/09/02/16

Bindukala P.N v. the Manager

Case brief

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Bindukala P.N v. the Manager

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