High Court of KeralaWP(C)/9087/2014disposed of

Suja Karappath v. State Of Kerala

2015-03-26Honourable Mr. Justice A.Muhamed Mustaque12 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WP(C).No. 9087 of 2014 (I) --------------------------- PETITIONER(S):

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1. SUJA KARAPPATH, AGED 28 YEARS, D/O.KRISHNAN ASSISTANT PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, SREE NARAYANA COLLEGE, KOLLAM RESIDING AT SUJA NIVAS CHENGAL P.O., PAYANGADI, KANNUR PIN-670303.

2. JISSA S., AGED 35 YEARS, W/O.PROMOD PRASANNAN, ASSISTANT PROFESSOR DEPARTMENT OF POLITICAL SCIENCE SREE NARAYANA COLLEGE, KOLLAM RESIDING AT PRBHATHAM, THEKKEVILA P.O., K.V.NAGAR-131, KOLLAM PIN-691016.

3. ABHILASH T. AGED 32 YEARS S/O.V.BALAKRISHNAN, ASSISTANT PROFESSOR DEPARTMENT OF POLITICAL SCIENCE SREE NARAYANA COLLEGE KOLLAM RESIDING AT THOTTATHIL HOUSE, ANDALOOR P.O. PALAYAD, THALASSERY, KANNUR PIN-670661.

BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.

2. DIRECTOR OF COLLEGIATE EDUCATION , VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695001.

3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOLLAM, PIN-691001.

4. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS THIRUVANANTHAPURAM, PIN-695034.

5. THE PRINCIPAL SREE NARAYANA COLLEGE, KOLLAM, PIN-691001.

6. MANAGEMENT OF SREE NARAYANA COLLEGES REPRESENTED BY ITS MANAGER THE SREE NARAYANA TRUST P.B.NO.63, KOLLAM, PIN-691001.

R6 BY ADV. SRI.A.N.RAJAN BABU R1-R3 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R4 BY ADV. SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA R BY SRI.GEORGE POONTHOTTAM,SC,KERALA UTY.

By GOVT.PLELADER SMT.MJRAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2015, ALONG WITH WPC. 9591/2014, WPC. 9756/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9087 of 2014 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1 : TRUE COPY OF THE APPOINTMENT ORDER NO.2/SNT/2779(VI) DT.1-10-2012 OF THE 1ST PETITIONER.

EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ORDER NO.2/SNT/2779(VI1) DT.1-10-2012 OF THE 2ND PETITIONER.

EXHIBIT P3 : TRUE COPY OF THE APPOINTMENT ORDER NO.2/SNT/2779(IX) DT.1-10-2012 OF THE 3RD PETITIONER.

EXHIBIT P4 : TRUE COPY OF THE WORK LORD ASSESSMENT AND FIXATION OF STAFF STRENGTH OF TEACHING STAFF FOR THE YEAR 2011-2012. EXHIBIT P5 : TRUE COPY OF THE ORDER NO.ACF III/465/2013 DT.31-102013. EXHIBIT P6 : TRUE COPY OF THE ORDER NO.A5/10321/13 DT.17-2-2014 OF R3.

EXHIBIT P7 : TRUE COPY OF THE CLARIFICATION LETTER ISSUED BY THE UNIVERSITY R3 DT.13-2-2014.

RESPONDENT(S)' EXHIBITS ------------------------:

EXT.R3(A): COPY OF THE GOVERNMENT LEETTER NO.28878/D2/13/H/EDN. DATED 12/09/2013.

EXT.R3(B): COPY OF THE PROCEEDINGS DATED 11/3/2014. EXT.R4(A): COPY OF THE LIST OF TEACHERS FORWARDED BY THE 5TH RESPNDENT TO THE 4TH RESPONDDNT.

EXT.R4(B): COPY OF THE LETTER NO.AC FIII/2/7465/2013 DATED 13/2/2014 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXT.R4(C): COPY OF THE ORDER NO. AC FIII/2/7465/2013 DATED 5/7/2014 EXT.R4(D): COPY OF THE REVISED WORK LOAD ASSESSMENT AND STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2011 - 2O12 DATED 11/6/2014. /TRUE COPY/ PS TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9087,9591& 9756 OF 2014 - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2015

JUDGMENT

These writ petitions are filed by the Assistant Professors, who have been appointed in different colleges coming under the Kerala University. Their appointment has been approved. However, salary has not been disbursed for the reason that salary payable to one Sreenish T.V. in the rank list was subject matter of the dispute on account of non sanctioning of the post. The above dispute is subject matter in W.P.(C) No.9504/2014.

2. Today this Court in W.P.(C) No. 9509/2014 held that the first petitioner (Sreenish T.V.)in that case is entitled for approval. In view of the declaration that the first petitioner in that case is entitled for approval, these writ petitions are disposed of directing the respondents to disburse the salary from the date of the appointment without delay.

3. Needful shall be done to pay the salary and arrears of salary within three months from the date of receipt of a copy of this judgment.

The writ petitions are disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.