Hari Narayanan G 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.20464 of 2015 (G) ---------------------------------------------------- PETITIONER(S):- --------------------------

1. HARI NARAYANAN. G., AGED 34 YEARS, KOLATHU HOUSE, KIDANGOOR PO, KOTTAYAM.

2. SARITHA.K.M., SREE SHAKTHI, NEELAMPEROOR PO, KOTTAYAM.

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, PRIYADARSHINI HILL, ATHIRAMPUZHA, KOTTAYAM - 686562.

7. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695001, REPRESENTED 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.20464 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHIBIT P1: THE TRUE COPY OF THE APPOINTMENT ORDER DATED2.7.2012 ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P2: THE TRUE COPY OF THE APPOINTMENT ORDER DATED 6.8.12 ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 22.4.2014 ISSUED BY THE ASSISTANT REGISTRAR II (ACAD.) FOR REGISTRAR OF MG UNIVERSITY.

EXHIBIT P4: TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 03.01.2012 OF THE 'COMMITTEE FOR SELECTION OF ASSISTANT PROFESSOR FOR APPOINTMENT IN DEVASWOM BOARD COLLEGE. EXHIBIT P5: TRUE COPY OF THE PAPER PUBLICATION IN THE MATHRUBHOOMI DAILY ON 25TH DECEMBER, 2014.

EXHIBIT P6: TRUE COPY OF THE INTERIM ORDER DATED 3.2.2015 IN WPC 278/2015 OF THE HIGH COURT OF KERALA.

RESPONDENT(S)' EXHIBITS:- ----------------------------------------- EXHIBIT R6(a) TRUE COPY OF U.O.NO.1998/BII/I/2014/ACAD DATED 22.04.2014.

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K. Vinod Chandran, J --------------------------------------- W.P.(C).No.20464 of 2015-G ---------------------------------------- Dated this the 08th day of December, 2015.

JUDGMENT

The petitioners seek concurrence of the Government to the appointments at Exhibits P1 and P2, for which appointments approval has been granted by the University.

2. The counter affidavit filed by the University discloses that the 1st petitioner was appointed to a relieving vacancy and the appointment of the incumbent in the post itself was not approved by the University. In any event, it is now submitted on behalf of the University that the said person's appointment has also been approved by the University.

3. In the above circumstance, it is only proper that the the concurrence sought for from the Government be considered within a time frame. The consideration shall be made by the appropriate authority within a period of three

WP(C).No.20464 of 2015 - 2 - months from the date of production of a certified copy of the judgment and if concurrence is granted, the arrears of salary shall be paid within four months thereafter.

The writ petition is disposed of as above.

Sd/- K.Vinod Chandran Judge.

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