Partly allowed

Sijimol C G v. the Manager

Kerala HC13 Nov 2018WP(C)/9581/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a Guest Lecturer seeking unpaid remuneration. It ruled that the matter requires workload assessment by the University within the stipulated timeline, directing the college to furnish details to the University.

What did the court decide?

Direction to college to submit workload details to University; University to assess and direct payment if workload found sufficient within specified timelines.

Sijimol C G Vs the Manager — Pension and Retirement Benefits | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

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WP(C).No. 9581 of 2015

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PETITIONER:

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SIJIMOL C G AGED 38 YEARS ASSISTANT PROFESSOR IN PUBLISHING SCIENCE AND PRINTING TECHNOLOGY, K.E.COLLEGE, MANNANAM, KOTTAYAM.

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BY ADVS. SRI.BABU VARGHESE (SR.) SRI.C.V.ALEXANDER

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RESPONDENTS:

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1 THE MANAGER

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K.E.COLLEGE, MANNANAM, KOTTAYAM-686561.

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2 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O., KOTTAYAM-686560.

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3 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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4 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM695033.

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5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM-686001.

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BY ADVS. SRI.JOHNSON T. JOHN

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SRI.ASOK M. CHERIAN SC M.G. UNIVERSITY

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OTHER PRESENT:

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SMT.NISHA BOSE GP FOR R3 TO R5

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 9581/2015

JUDGMENT

The petitioner had worked as a Guest Lecturer from 3.6.2002 to 14.10.2010 in the first respondent's college, an aided college and affiliated with Mahatma Gandhi University. She was not paid the remuneration due to her as Guest Lecturer.

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2. Learned Government Pleader submits that there was no work load assessment and therefore remuneration cannot be given.

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3. Ext.P7 is the Government Order relating to appointment of Guest Lecturers. It is stipulated in the said Government Order that the Principal concerned is authorised to engage Guest Lecturers for short periods in the leave vacancy of regular teachers. The principal is also authorised to engage Guest Lecturers in anticipation of sanctioned post provided there is sufficient workload for the courses already commenced. Any how, it is appropriate in such circumstances that the University assess the workload especially covering the period during which the petitioner had worked as Guest Lecturer. The college shall furnish all such details to the University to assess the workload within a period of three weeks. Thereafter the University shall assess the workload

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WPC 9581/2015

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within a period of two months. If it is found that there was sufficient workload to engage the petitioner, the petitioner shall be given remuneration by the Director of Collegiate

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Education, within a further period of two months.

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The writ petition is disposed of as above.

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Sd/-

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Kav/

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A.MUHAMED MUSTAQUE

JUDGE

WPC 9581/2015

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	EXT. P1 : TRUE COPY OF THE ORDER NO.G1/5061/2011 DT.27-10-2011 OF R5.
EXHIBIT P2	EXT. P2 : TRUE COPY OF THE DEGREE CERTIFICATE AWARDED BY R2 UNIVERSITY.
EXHIBIT P3	EXT. P2A : TRUE COPY OF THE RANK CERTIFICATE ISSUED BY THE UNIVERSITY.
EXHIBIT P4	EXT. P3 : TRUE COPY OF THE U.O.NO.ACA1/1/AFFILIATION/1999 DT.10-12- 1999.
EXHIBIT P5	EXT. P3A : TRUE COPY OF THE RELEVANT PORTION OF GO(MS)NO.162/1999 DT.6-2-1999.
EXHIBIT P6	EXT. P4 : TRUE COPY OF THE MALAYALA MANORAMA DAILY DT.9-6-2000.
EXHIBIT P7	EXT. P5 : TRUE COPY OF THE LETTER NO.G1961403 DT.20-10-2004 OF THE R5 ADDRESSED TO THE PETITIONER.
EXHIBIT P8	EXT. P5A : TRUE COPY OF THE REPLY DT.10-5- 2005.
EXHIBIT P9	EXT. P6 : TRUE COPY OF THE PETITION DT.8-8- 2008 TO THE SECRETARY, HIGHER EDUCATION DEPARTMENT.
EXHIBIT P10	EXT. P6A : TRUE COPY OF THE PETITION DT.18- 12-2007 TO THE HONOURABLE MINISTER FOR EDUCATION.
EXHIBIT P11	EXT. P6B : TRUE COPY OF THE PETITION DT.7- 10-2004 TO THE HONOURABLE CHIEF MINISTER.
EXHIBIT P12	EXT. P6C : TRUE COPY OF THE LETTER NO.27456/F3/10/H.EDN.DT.7-8-2010.
EXHIBIT P13	EXT. P7 : TRUE COPY OF THE GO(MS)NO.146/97/H.EDN DT.17-10-1997.
EXHIBIT P14	EXT. P7A : TRUE COPY OF THE GO(MS) NO.169/99/H.EDN DT.18-12-1999.

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WPC 9581/2015

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EXHIBIT P15 EXT. P7B : TRUE COPY OF THE GO(MS)NO.72/2004/H.EDN.DT.2-7-2004. EXHIBIT P16 EXT. P7C : TRUE COPY OF THE GO(MS)NO.46/09/H.EDN. DT.1-6-2009. EXHIBIT P17 EXT. P7D : TRUE COPY OF THE RELEVANT PAGES OF THE GO(P)NO.171/98/H.EDN.DT.21-12-1999. EXHIBIT P18 EXT. P7E : TRUE COPY OF THE CIRCULAR NO.UGC CELL I (I) 2118/2000 DT.19-1-2000. EXHIBIT P19 EXT. P8 : TRUE COPY OF THE EXPERIENCE AND CONDUCT CERTIFICATE ISSUED BY THE PRINCIPAL OF THE COLLEGE. EXHIBIT P20 EXT. P8A : TRUE COPY OF THE CERTIFICATE OF THE MERIT DT.19-12-2014 ISSUED BY THE M.G.UNIVERSITY. EXHIBIT P21 EXT. P9 : TRUE COPY OF THE LETTER NO.99/15 DT.11-2-2015 SENT BY THE PRINCIPAL OF THE COLLEGE TO R5. EXHIBIT P22 EXT. P10 : TRUE COPY OF THE ORDER NO.C2/6386/11 DT.22-5-2012 ISSUED BY R5 APPROVING APPOINTMENT OF GUEST LECTURER IN THE DEPARTMENT OF ECONOMICS IN THE BCM COLLEGE, KOTTAYAM. KAV/

Sijimol C G v. the Manager

Case brief

What is this about?

What did the court decide?

Sijimol C G v. the Manager

Case brief

What is this about?

What did the court decide?

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