This writ petition challenged the refusal of respondents 4 and 5 to sanction salary for a petitioner appointed as Assistant Professor. The court held the refusal unsustainable and directed salary disbursement from the date of appointment.
Respondents 4 and 5 directed to sanction and disburse salary due to the petitioner from 22.01.2016 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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
WP(C).No. 23149 of 2017 (P)
PETITIONER:
RAKHI R, AGED 41 YEARS, D/O.RAJU CHANDRAN, DEVIKRIPA, NALLILA.P.O., KOLLAM (WORKING AS ASSISTANT PROFESSOR OF MALAYALAM, S.N.COLLEGE, ALATHUR)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT(S):
1. THE MANAGER, S.N.COLLEGES KOLLAM-691001
2. THE PRINCIPAL,
S.N.COLLEGE, ALATHUR- 680741
3. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENJIPALAM, MALAPPURAM DISTRICT- 673 635
4. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001
5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR- 680 007
6. STATE OF KERALA, REPRESENTED BY ITS SPECIAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
R1,R2 BY ADVS. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA)
SRI.A.R.EASWAR LAL
R3 BY ADV. SRI.P.C.SASIDHARAN, SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 23149 of 2017 (P)
APPENDIX
| PETITIONER(S)' -------------- EXHIBIT P1 |
EXHIBITS --------- TRUE COPY OF THE APPOINTMENT ORDER DATED 21.1.2016 OF THE PETITIONER |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE APPROVAL ORDER DATED 24.11.2016 OF THE 3RD RESPONDENT APPROVING THE APPOINTMENT OF PETITIONER |
| EXHIBIT P3 | TRUE COPY OF THE WORK LOAD FOR THE YEAR 2014-15 |
| EXHIBIT P4 |
TRUE COPY OF THE LETTER DATED 17.6.2017 OF THE 5TH RESPONDENT |
| EXHIBIT P5 |
TRUE COPY OF THE LETTER DATED 3.2.2017 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE |
| EXHIBIT P6 |
TRUE COPY OF THE LETTER DATED 4.5.2017 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM |
| EXHIBIT P7 |
TRUE COPY OF THE JUDGMENT IN WPC NO 29690/16 DATE 20.9.2016 |
| EXHIBIT P8 |
TRUE COPY OF THE JUDGMENT IN WPC NO 4218/15 DATED 27.3.2015. |
| EXHIBIT P9 |
TRUE COPY OF THE RELEVANT PORTION OF THAT ORDER OF 4TH RESPONDENT DATED 31.12.15. |
| EXHIBIT P10 |
TRUE COPY OF THE LETTER DATED 8.2.16 OF 5TH RESPONDENT TO 6TH RESPONDENT. |
| RESPONDENT(S)' -------------- |
EXHIBITS --------- |
| R1(A) |
A TRUE COPY OF THE MINUTES OF THE MEETING DATED 21.11.14 HLD AT THE DEPUTY DIRECTOR CHAMBER. |
| R1(B) |
A TRUE COPY OF THE CONCURRENCE ISSUED BY THE DEPUTY DIRECTOR KOZHIKODE VIDE E2-3287/2016 DATED 7.4.17. |
| R1(C) |
A TRUE COPY OF THE WORKLOAD ASSESSMENT BY THE UNIVERSITY OF KERALA VIDE NO ACF 111/2/28993/2011 DATED 6/1/12. |
| R1(D) |
A TRUE COPY OF THE ORDER NO ACF-111/2/26441/2011 DATED 7/1/12. |
| R5(A) | A TRUE COPY OF THE LETTER. |
| /TRUE COPY/ | |
| K.V. | P.S.TO JUDGE |
ANU SIVARAMAN, J.
W.P.(C).No.23149 of 2017
Dated this the 14th day of December, 2017
J U D G M E N T
-----------------
This writ petition is filed challenging and seeking directions to respondents 4 to 6 to sanction and disburse salary to the petitioner with effect from 22.1.2016 as per Ext.P3.
to 6.
W.P.(C).No. 23149 of 2017
2
clarification with regard to the approval of appointment of the petitioner. It is stated that the University has again clarified that there is sufficient workload to accommodate the petitioner
and that the approval as granted was justified.
W.P.(C).No. 23149 of 2017 3
under the jurisdiction of the Kollam, D.D. It is stated that there was a clear vacancy at the S.N.College, Alathur due to the transfer of an Assistant Professor in Malayalam working in
the said college to the S.N.College, Nattika. It is therefore contended that the appointment of the petitioner at the S.N.College, Alathur was in a clear transfer vacancy and there was sanctioned post to accommodate the petitioner. It is further stated that the University concerned had assessed the workload of the colleges under the management and there was no excess teacher available in the S.N.College, Punalur or the S.N.College, Chempazhanthy. In the above view of the matter, the appointment of the petitioner against an established vacancy was clearly in order.
dispute that the appointment of the petitioner as Assistant
W.P.(C).No. 23149 of 2017 4
professor in Malayalam had been approved by the third respondent University. In the above view of the matter, I am of the opinion that respondents 4 and 5 are duty bound to give
effect to the orders of approval. The salary due to the petitioner cannot be withheld on the ground that there are excess teachers working in the Management, when University had already considered the issue and has granted approval of the appointment of the petitioner. In the above view of the matter, the refusal on the part of the respondents to sanction and disburse salary due to the petitioner from 22.01.2016 is unsustainable. Ext.P4 order is set aside. There will be a direction to respondents 4 and 5 to sanction and disburse salary due to the petitioner from 22.1.2016. Action in this regard shall be taken within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
rmm/18/12
2 issues framed by the court
Whether respondents are duty bound to sanction salary despite claims of excess teachers when the University approved the appointment.
Whether the petitioner is entitled to salary from 22.01.2016 against a transfer vacancy.
Rakhi R
The Manager, S.N.Colleges Kollam
The Principal, S.N.College
University of Calicut
Director of Collegiate Education
Deputy Director of Collegiate Education
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
