Neethu Tilakan.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 WP(C).No. 18066 of 2015 (G) --------------------------------------- PETITIONER(S):
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1. NEETHU TILAKAN. K, D/O.TILAKAN K.G., KARANAMKOTE (H), NR.CHEERTOHU PADI, THRISSUR - 680 546.
2. MIBI THOMAS, KURUVEETIL HOUSE, KUTTUR P.O., THRISSUR - 680 013.
3. NICE. C.A., CHERUVATHUR HOUSE, AP ROAD, P.O.KAATTAKAMPAL - 680 544.
4. HARISH VINCENT, VIDTHAYATHI HOUSE, CHIYYARAM P.O., THRISSUR - 680 026.
5. HARINARAYANAN. S.
"HARI SREE", NSS ENGINEERING COLLEGE P.O., AKATHETHARA PALAKKAD DT - 678 008.
6. GEETHU. K., KUTTISSERY HOUSE, VELIANCODE P.O., PAZHANJI, MALAPPURAM DT - 679579.
7. HEMA. V.H., VADAKKEKARA HOUSE, PUDURUTHY P.O., THRISSUR - 680 623.
8. SALINI. P., "SREERAG", KADUVAYIL, IZHUVLLAM P.O.
ATTINGAL, THIRUVANANTHAPURAM.
9. REMYA. V., MURALI.V, VEMBANATT(H), P.O.PERINGOTTUKARA, THRISSUR - 680 565.
10. JINSY P.O., PANENGADAN (H), P.O.PURANATTUKARA, THRISSUR - 680 551.
11. JIJI.M.B., MUTTATH HOUSE, P.O.RAMAVARMAPURAM, THRISSUR - 680 631. ...2
WP(C).No. 18066 of 2015 (G) ----------------------------------------
12. INDU M.S., MULLAPALLY MANA, VETTAM P.O. TIRUR -2, MALAPPURAM DT - 676 102.
13. SURYA VIJAYAN, MULLASSERY HOUSE, P.O. POTTA, THRISSUR - 680 722.
14. MISHA SEBASTIAN, MURINGATHERY HOUSE, P.O.ANJUR, MUNDUR, THRISSUR - 680 541.
15. INDULEKHA A.B., VELEKKAT (HOUSE), KOTTAPURAM ROAD, POOTHOLE P.O. THRISSUR - 680 004.
16. SABITHA .V.B., ALAVATHOOR HOUSE, P.O.AVANOOR, MUNDUR VIA THRISSUR-680541.
17. JAYASREE.C.G., CHAKKALAKKAL HOUSE, MOORAKANIKKARA, P.O. KOZHUKULLY THRISSUR - 680 751.
18. VIDYA LAKSHMI.A.C., SAPTHAGIRI HOUSE, NR. LAW COLLEGE, AYYANTHOLE, THRISSUR - 680 003.
19. FASEELA.T.A., FLAT NO.214, MAYURA APARTMENT, CHUNGAM, KANJANI ROAD, THRISSUR
20. SUMESH.N.V., NJAREKKATTIL HOUSE, ERANALLUR POST, MAZHUVANCHERY, THRISSUR - 680 501.
21. MITTU JOHN, OLLUKKARAN HOUSE, MISSION QUARTERS, PANAKKAL COLONY, NR.SAAGAR BHAVAN, THRISSUR - 680 001.
22. HIMA K.K.
KANOLY HOUSE, INCMUDI P.O., THRISSUR - 680 564. BY ADV. SRI. LINDONS C. DAVIS RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
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2. DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695 001.
3. REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION TRAINING COLLEGE COMPOUND, PALACE ROAD, THRISSUR - 20.
4. SREE KERALA VARMA COLLEGE, REPRESENTED BY ITS MANAGER, COCHIN DEVASWOM BOARD, THRISSUR - 680 001.
5. PRINCIPAL, SREE KERALA VARMA COLLEGE, KANATTUKARA P.O.
THRISSUR- 680 011.
R4 & R5 BY ADV. SRI. KRISHNA MENON, SC, COCHIN DEVASWOM BOARD R1 TO R3 BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ww
WP(C).No. 18066 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:
TRUE COPY OF THE REPRESENTATION DATED 05.06.2015 SUBMITTED BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS - NIL ---------------------------------------- //TRUE COPY// P.A. TO JUDGE ww
ANIL K. NARENDRAN, J.
---------------------------------------------------- ------------------------------------------------ Dated this the 6th day of July, 2015
JUDGMENT
The petitioners had worked as Guest Lecturers in Sree Kerala Varma College, the 4th respondent herein, the particulars of which are furnished in Paragraph 2 of the writ petition. They have approached this Court in this writ petition seeking a writ of mandamus commanding the respondents to disburse their salary for the period during which they had worked as Guest Lecturers, within a time frame that may be fixed by this Court. They have also sought for a writ of mandamus commanding the 3rd and 5th respondents to consider and pass appropriate orders on Ext.P1 representation, within a time limit. 2.
The grievance of the petitioners in this writ petition is that, though they had worked as Guest
Lecturers for the periods mentioned in paragraph 2 of the writ petition, even after the lapse of more than one year, they are yet to be disbursed with their salary. The petitioners have submitted Ext.P1 representation before the 3rd respondent highlighting their grievances. It is aggrieved by the non-disposal of the aforesaid representation and also the delay on the part of the respondents in sanctioning and disbursing their salary, the petitioners are before this Court in this writ petition. 3.
The learned Senior Government Pleader on instructions submitted that, the salary bills of petitioners 11 and 16 have already been received in the office of the 3rd respondent and same has already been sanctioned and counter signed on 19.06.2015. However, the salary bills in respect of the other petitioners are yet to be submitted by the Principal of the College namely, the 5th respondent herein.
4.
The learned Standing Counsel for respondents 4
and 5 would submit that, out of the 41 Guest Lecturers employed in the College, the appointment of 32 Guest Lecturers have already been approved by the 3rd respondent and the approval in respect of the remaining 9 are pending consideration. The approval of the aforesaid 32 Guest Lecturers were received only on 11.05.2015 and 18.05.2015, and the 5th respondent is taking expeditious steps to forward it to the 3rd respondent for further action and necessary steps in this regard shall be taken within a period of four weeks from today.
5.
I heard arguments of the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 3 and also the learned Standing Counsel appearing for respondents 4 and 5. 6.
The fact that the petitioners had worked as Guest Lecturers in the 5th respondent College for the periods mentioned in Paragraph 2 of the writ petition is not in serious dispute. The petitioners are yet to receive
their salary, due to the delay on the part of the respondents in approving their appointment.
7.
Now, as borne out from the submissions made across the Bar, the salary bills of petitioners 11 and 16 have already been sanctioned and countersigned by the 3rd respondent on 19.06.2015. As far as the other petitioners are concerned, the approval of their appointment was received only on 11.05.2015 and 18.05.2015, and that the 5th respondent is processing their salary bills. The 5th respondent has also undertaken to forward it to the 3rd respondent within a period of four weeks from today.
In such circumstances this writ petition is disposed of with the following direction:
Within a period of four weeks from today, the 4th respondent shall forward the salary bill of petitioners, other than that of petitioners 11 and 16 to the 3rd respondent and on receipt of the same, the 3rd respondent
shall sanction and countersign the same within three weeks thereafter. Thereafter, the salary payable to the petitioners shall be disbursed to them by respondents 3 and 5 at the earliest, at any rate, within a further period of 3 months.
Sd/- ANIL K. NARENDRAN JUDGE COPY// ww