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High Court of KeralaWP(C)/27506/2009disposed of

Sindu Jones v. State Of Kerala

2015-04-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 27506 of 2009 (G) ---------------------------- PETITIONER(S):

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1. SINDU JONES, LECTURER IN PHYSICS, BASELIUS COLLEGE, KOTTAYAM-1.

2. LINJU ANN JACOB, LECTURER IN PHYSICS, BASELIUS COLLEGE, KOTTAYAM-1. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

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1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT THIRUVANANTHAPURAM.

2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.

3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.

4. THE CORPORATE MANAGER, MALANKARA ORTHODOX CHURCH COLLEGES, DEVALOKAM KOTTAYAM DISTRICT.

5. MAHATMA GANDHI UNIVERSITY, REP.BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY KOTTAYAM.

R,R3 BY ADV. GOVERNMENT PLEADER: ADV.SMT.SUNITHA VINOD R5 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY R5 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R BY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27506 of 2009 (G) APPENDIX PETITIONER'S EXHIBITS:

EXT P1 :

TRUE COPY OF THE APPOINTMENT ORDER DTD 07.01.2002 OF THE 1st PETITIONER EXT P2 :

TRUE COPY OF THE APPOINTMENT ORDER DTD 07.01.2002 OF THE 2nd RESPONDENT EXT P3 :

TRUE COPY OF THE ORDER DTD 29.10.2005 EXT P4 :

TRUE COPY OF the COMMUNICATION DTD 06.02.2008 EXT P5 :

TRUE COPY OF THE JUDGMENT DTD 12.08.2005 IN Writ Petition(C).NO.482 OF 2005 EXT P6 :

TRUE COPY OF THE JUDGMENT DTD 18.08.2007 IN W A NO.2529/2005 EXT P7 :

TRUE COPY OF the SALARY BILL EXT P8 :

TRUE COPY OF THE LETTER DTD 03.08.2009 EXT P9 :

TRUE COPY OF THE REPLY DTD 14.08.2009 RESPONDENTS' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.27506 of 2009 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioners are working as Lecturers in Physics in Baselius College, Kottayam. The relief sought in this Writ Petition is for a direction to the respondents 1 to 3 to pay salary to the petitioners from June 2009 onwards.

2.

Petitioners submit that in the light of the judgment in R.P.Nos.101 and 180 of 2008 in W.A.No.2529 of 2005 as confirmed by the Supreme Court, petitioners are entitled for salary from 2009 onwards. I have perused the judgment, this issue is covered in favour of the petitioners. In the light of the above, following directions are issued: (i) The 4th respondent is directed to forward the proposal of the petitioners for approval which shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

(ii) Thereupon, University shall take a decision on appointment of the petitioners in the light of judgment referred supra.

(iii) On being approved, third respondent shall pay necessary salary to the petitioners.

(iv) Petitioners shall produce the relevant judgment before the Principal and Principal shall

W.P(C).No.27506 of 2009 forward the same along with the salary bills to the third respondent.

(v) The third respondent shall honour such bills after adverting to the above judgments. Needful shall be done within a period of three months.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/04/15