Asish Martin Tom v. The Deputy Director Of Collegiate Education

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 W.P.(C).No.20428 of 2015 (C) ----------------------------------------------- PETITIONER(S):- ------------------------ ASISH MARTIN TOM, AGED 31 YEARS, S/O.K M THOMAS, KUZHIVELIL (H), KARAMALA P O., PIN 686662, KOTTAYAM DISTRICT, ASSISTANT PROFESSOR (ENGLISH), D B COLLEGE, THALAYOLAPARAMBU BY ADV. SRI.JOBY CYRIAC.

RESPONDENT(S):- ---------------------------

1. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM - 682011.

2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001

3. THE PRINCIPAL, DEVASWOM BOARD COLLEGE, THALAYOLAPARAMBU - 686605.

4. DEVASWOM BOARD COLLEGE, THALAYOLAPARAMBU - 686605, REPRESENTED BY ITS PRINCIPAL.

5. STATE OF KERALA, REPRESENTED BY JOINT SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

6. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADHARSHINI HILL, ATHIRAMPUZHA, KOTTAYAM - 686562.

7. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695001, RESPRESENTED BY ITS SECRETARY.

R1, R2 & R5 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE. R3, R4 & R7 BY STANDING COUNSEL SRI.M.V.S.NAMBOOTHIRI. R6 BY STANDING COUNSEL SRI.VARUGHESE M.EASO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.20428 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1:- THE TRUE COPY OF THE APPOINTMENT ORDER DTD 19/5/2012 ISSUED BY THE 7TH RESPONDENT TO THE IST PETITIONER. EXT.P2:- TRUE COPY OF THE ORDER DTD 22/4/2014 ISSUED BY THE ASSISTANT REGISTRAR II (ACAD.) FOR REGISTRAR OF M G UNIVERSITY.

EXT.P2(a):- TRUE COPY OF THE ORDER DTD 8/4/2015 ISSUED BY THE ASSISTANT REGISTRAR II (ACAD.) FOR REGISTRAR OF MG UNIVERSITY.

EXT.P3:- TRUE COPY OF THE MINUTES OF ITS MEETING HELD ON 02/01/2012.

EXT.P4:- TRUE COPY OF THE NEWS ITEM IN THIS REGARD APPEARED

IN THE MATRUBHOOMI DAILY ON 25TH DECEMBER 2014.

EXT.P5:- TRUE COPY OF THE INTERIM ORDER DTD 3/2/2015 OF THIS HONOURABLE COURT IN WP(C) 278/2015.

RESPONDENT(S)' EXHIBITS:- ----------------------------------------- EXT.R6(a) TRUE COPY OF U.O.NO.2076/BII/1/2015/ACAD.

DATED 08.04.2015.

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K. Vinod Chandran, J --------------------------------------- W.P.(C).No.20428 of 2015-C ---------------------------------------- Dated this the 08th day of December, 2015.

JUDGMENT

The petitioner was aggrieved with the non-consideration of the approval of his appointment and in that context, the non-disbursal of the salary.

2. The petitioner has been continuously working from 2012 onwards. An interim order was passed by this Court on 21.08.2015, wherein the respondents were directed to pay the salary due to the petitioner, provisionally, from the current month onwards. As of now, it is submitted by the learned Government Pleader, that, the petitioner's approval has been granted. What remains now is the disbursal of arrears of pay.

3. In the above circumstances, the arrears of pay shall be disbursed to the petitioner, at any rate, within four months from the date of production of a certified copy of this judgment. The writ petition is disposed of as above.

Sd/- K.Vinod Chandran Judge.

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