Addressing salary arrears due to lack of Drawing and Disbursing Officer, this single judge order recognized the 1st petitioner as D&DO pending the Principal appointment dispute and mandated immediate salary disbursement.
1st petitioner recognized as Drawing and Disbursing Officer; salary to be disbursed without delay by University and DDC.
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.MUHAMED MUSTAQUE
MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
WP(C).No. 33749 of 2018
PETITIONER/S:
ASSOCIATE PROFESSOR, DEPARTMENT OF HINDI, ST.THOMAS COLLEGE, PAZHAVANGADI P.O., RANNY - 689 673.
2 FR. MATHEWS VAZHAKUNNATHU,
ASSOCIATE PROFESSOR, DEPARTMENT OF MALAYALAM, ST.THOMAS COLLEGE, PAZHAVANGADI P.O., RANNY - 689 673.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT/S:
BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY BY GOVERMENT PLEADER, SMT. NISHA BOSE
WP(C).No. 33749 of 2018
2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are the Assistant Professors in
St.Thomas College, Pazhavangadi. The management appointed Dr.Latha Marina Varghese as the Principal. Approval was allowed by the University in this regard. However, the Director of Collegiate Education objected the approval and that was challenged before this Court. This Court allowed the writ petition. The matter is now carried out in appeal and pending before the Division Bench.
and Disbursing Officer, the salary due to the teaching and non teaching staff have not been paid. The management has no objection in 1st petitioner acting as a Drawing and Disbursing Officer, till the issue relating to the Principal is concluded. The University as well as Director of Collegiate Education shall
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recognise the 1st petitioner as a Drawing and Disbursing officer till the issue regarding the approval of Principal is concluded by this Court.
Drawing and Disbursing officer of salary within a week. Thereafter, the salary shall be disbursed by Deputy Director of Collegiate Education within a further period of two weeks.
Thus, the writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
RK/07.11.2018
//TRUE COPY//
PA TO JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 26.5.2018 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE DIRECTOR OF COLLEGIATE EDUCATION DATED 5.3.2018 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE MANAGER DATED 24.4.2018 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE MANAGER DATED 22.6.2018 TO THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT UNIVERSITY DATED 26.7.2018 EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER IN FORM NO.6 DATED 26.7.2018 EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE UNIVERSITY DATED 23.8.2018 EXHIBIT P8 TRUE COPY OF THE SENIORITY LIST OF TEACHING STAFF AS ON 30.8.2017 EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 4.9.2018 EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 28.9.2018
RESPONDENT'S/S EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the 1st petitioner should be recognized as Drawing and Disbursing Officer pending the conclusion of the Principal approval issue.
Whether salary disbursement must be made without delay by the University and Deputy Director of Collegiate Education.
Smt.Suja Abraham
Fr. Mathews Vazhakunnathu
Mahatma Gandhi University
Director of Collegiate Education
Deputy Director of Collegiate Education
The Manager, St. Thomas College
A.Muhamad Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
