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Biju.M.S. v. the Manager

Kerala HC13 Aug 2020WP(C)/13868/2020

Case brief

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What is this about?

Civil writ petition regarding denial of salary payment to an appointed Assistant Professor in Malayalam. The court directed the Sixth Respondent to ensure salary payment from the next month onwards within four months for arrears, noting the appointment was within sanctioned strength.

What did the court decide?

Direct the 6th respondent to pay current salary from next month and arrears within four months of judgment receipt.

Biju.M.S. Vs the Manager — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942 WP(C).No.13868 OF 2020(G)

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PETITIONER:

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BIJU.M.S. AGED 43 YEARS S/O.SREEDHAR.M.K., MAVARAYIL HOUSE, NEELOOR.P.O., KOTTAYAM-686651 (WORKING AS ASSISTANT PROFESSOR OF MALAYALAM IN 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, PIN-691001.

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2 THE PRINCIPAL,

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S.N. COLLEGE, KOLLAM, PIN-691001.

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3 THE UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR UNIVERSITY CAMPUS, THIRUVANANTHAPURAM-695001.

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4 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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5 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

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6 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CROSS JUNCTION, KADAPPAKKADA, KOLLAM-691001.

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BY ADV. SRI.A.N.RAJAN BABU BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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OTHER PRESENT:

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SR.GP.SRI.ARAVINDHA KUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13868 OF 2020(G)

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J U D G M E N T

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Petitioner, who was appointed as Assistant Professor in Malayalam under the first respondent College on 19.12.2018, is aggrieved by the denial of payment of salary despite approval granted by the University as per Ext.P5 order as early as on 09.12.2019.

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Learned Government Pleader has furnished instructions received from the Director of Collegiate Education. It is stated that even though the Deputy Director of Education raised objection pointing out that there are excess teachers, on examination the Director of Collegiate Education has found that the total sanctioned strength in Malayalam in S.N. College, Kollam is 11 and at the time of appointment of the petitioner there were only 8 teachers. Therefore the petitioner would be the 9^th teacher and

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WP(C).No.13868 OF 2020(G)

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even if petitioner is appointed it could not be over and above the sanctioned posts.

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In the above circumstances, there shall be a direction to the 6^th respondent to see that the salary is paid to the petitioner as soon as the Principal presents the bill. Petitioner shall be paid the current salary from next month onwards and arrears of salary shall be paid to the petitioner within a period of 'four months' from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.13868 OF 2020(G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 19.12.18 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 1ST AND 2ND NOVEMBER 2018. EXHIBIT P3 TRUE COPY OF THE WORK LOAD FOR MALAYALAM IN S.N.COLLEGE, KOLLAM AS ON 8.11.2018 ISSUED BY THE PRINCIPAL, NARAYANA COLLEGE, KOLLAM. EXHIBIT P4 TRUE COPY OF THE NUMBER OF TEACHERS IN MALAYALAM WORKING IN S.N.COLLEGE, KOLLAM AS ON 20.12.2018. EXHIBIT P5 TRUE COPY OF THE APPROVAL ORDER ISSUED BY THE 3RD RESPONDENT DATED 9.12.2019. EXHIBIT P6 TRUE COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 20.12.2018. EXHIBIT P7 TRUE COPY OF THE UNDERTAKING GIVEN BY THE 1ST RESPONDENT BEFORE THE 6TH RESPONDENT DATED NIL.

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EXHIBIT P8 TRUE COPY OF THE CERTIFICATE GIVEN BY THE 1ST RESPONDENT BEFORE THE 6TH RESPONDENT DATED 7.1.2020.

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EXHIBIT P9 TRUE COPY OF THE LETTER NO.26111/D1/14/HEDN. DATED 30.12.2015 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P10 TRUE COPY OF THE LETTER NO.D4/12397/12020/DCE DATED 22.5.2020 ISSUED BY THE 5TH RESPONDENT.

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WP(C).No.13868 OF 2020(G)

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EXHIBIT P11

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TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.29089/2009 DATED 24.7.2020 PASSED BY THIS HONOURABLE COURT.

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EXHIBIT P12 TRUE COPY OF THE LETTER NO.DD/3230/2020 DATED 18.6.2020 SENT BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM TO 6TH RESPONDENT.

Biju.M.S. v. the Manager

Case brief

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Biju.M.S. v. the Manager

Case brief

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