Petitioner directed to be paid salary as Guest Lecturer in an aided college because the post was sanctioned. Respondents ordered to forward payment proposal to the Government within two weeks for sanction within one month.
Respondents 1 and 2 to forward salary proposal to Respondent 4 within two weeks; Respondent 4 to sanction payment within one month.
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
TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938
WP(C).No. 31990 of 2010 (W)
PETITIONER:
DR.SUNIL KUMAR.P, ARACKAL PARAMBIL HOUSE, KANJIRAMATTOM, THODUPUZHA EAST.P.O.
BY ADVS.SRI.M.RAJAGOPALAN NAIR SRI.S.JAYAPRAKASH (MADAVOOR)
RESPONDENTS:
1. ST. XAVIER'S COLLEGE, VAIKOM, REPRESENTED BY ITS PRINCIPAL, KOTHAVARA.P.O, KOTTAYAM, PIN - 686 607.
2. MANAGER, ST. XAVIER'S COLLEGE, VAIKOM, KOTHAVARA.P.O, KOTTAYAM, PIN - 686 607.
3. THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY, KOTTAYAM, PIN - 686 562.
4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, COLLEGIATE EDUCATION, ERNAKULAM - 682 011.
5. DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM, PIN - 695 001.
6. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
R1 & R2 BY SRI.BABU VARGHESE (SENIOR ADVOCATE) ADVS. SRI.V.NARAYANA SWAMI SRI.JOHNSON T. JOHN R3 BY ADV. SRI.ASOK M. CHERIAN, SC R4 TO R6 BY SENIOR GOVERNMENT PLEADER SMT.MARY BEEN JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 31990 of 2010 (W)
APPENDIX
PETITIONERS' EXHIBITS:
| EXT. P1 : | TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD FROM 17.6.2004 TO 31.3.2005. |
|---|---|
| **EXT. P1A : ** | TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD FROM 9.6.2005 TO 31.3.2006. |
| **EXT. P1B : ** | TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD FROM 1.6.2006 TO 31.3.2007. |
| **EXT. P1C : ** | TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD FROM 31.5.2007 TO 31.3.2008. |
| EXT. P2 : | TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD FROM 21.6.2004 TO 31.3.2005. |
| **EXT. P2A : ** | TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD FROM 10.6.2004 TO 31.3.2006. |
| **EXT. P2B : ** | TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD FROM 7.6.2006 TO 31.3.2007. |
| **EXT. P2C : ** | TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD FROM 4.6.2007 TO 29.11.2007. |
| EXT. P3 : | TRUE COPY OF THE G.O.(MS)NO.72/2004 DATED 2.7.2004 ISSUED BY 6TH RESPONDENT. |
| EXT. P4 : | TRUE COPY OF THE WORK LOAD STATEMENT IN THE DEPARTMENT OF ZOOLOGY. |
| EXT. P5 : | TRUE COPY OF CIRCULAR NO.UGC CELL I (1)2118/2000 DATED 19.1.2000. |
| EXT. P6 : | TRUE COPY OF DULY CERTIFICATE ISSUED TO THE PETITIONER FOR ATTENDING EXAMINATION DUTY BY THE PRINCIPAL, ST.XAVIER’S COLLEGE FOR WOMEN, VAIKOM DATED 14.10.2005. |
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WP(C).No. 31990 of 2010 (W)
EXT. P6A : TRUE COPY OF DULY CERTIFICATE ISSUED TO THE PETITIONER FOR ATTENDING EXAMINATION DUTY BY THE PRINCIPAL, ST.XAVIER’S COLLEGE FOR WOMEN, VAIKOM DATED 15.10.2005.
RESPONDENTS' EXHIBITS:
| EXT. R2A | : TRUE COPY OF THE G.O.(MS)NO.146/97/H.EDN. |
|---|---|
| DATED 17.10.1997 ISSUED BY THE 6TH RESPONDENT. | |
| EXT. R2B | : TRUE COPY OF THE G.O.(MS)NO.169/99/H.EDN. |
| DATED 18.12.1998 ISSUED BY THE 6TH RESPONDENT. | |
| EXT. R2C | : TRUE COPY OF THE G.O.(MS)NO.72/2004/H.EDN. |
| DATED 2.7.2004 ISSUED BY THE 6TH RESPONDENT. |
//TRUE COPY//
P.S. TO JUDGE
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ANU SIVARAMAN, J.
W.P(C).No. 31990 of 2010
Dated this the 21st March, 2017
JUDGMENT
The prayer in the writ petition is for a direction to the respondents to sanction and disburse the amount payable to the petitioner as remuneration due for working as Guest Lecturer in the 2nd respondent College. It is submitted that the petitioner was engaged as Guest Lecturer against a sanctioned post.
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WP(C).31990/10
sanctioned posts have to be paid by the Government under the direct payment scheme. In the above view of the matter, it is clear that the petitioner, who was a Guest Lecturer, is also entitled to payment of salary by the 4th respondent.
In the above view of the matter, there will be a direction to respondents 1 and 2 to immediately forward the proposal for payment of salary due to the petitioner to the 4th respondent within two weeks from the date of receipt of a copy of this judgment. On getting proposal as directed above, from respondents 1 and 2, the 4th respondent shall take up and pass expeditious orders for sanctioning of the above amount within a further period of one month from the date receipt of the proposal.
The writ petition is disposed of as above.
ANU SIVARAMAN
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2 issues framed by the court
Whether salary of a Guest Lecturer appointed against a sanctioned post in an aided college is payable by the Government.
Whether the proposal for payment of salary was forwarded to the Deputy Director for approval.
Colour shows how this judgement treated each authority
State of Kerala v. Arun GeorgeExplained¶40
[2015(1) KLT 833 (SC)]
DR. SUNIL KUMAR.P
ST. XAVIER'S COLLEGE, VAIKOM
MANAGER, ST. XAVIER'S COLLEGE, VAIKOM
THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY, KOTTAYAM
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM
DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
