IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 18386 OF 2022
PETITIONER:
DR.REMA M.K
AGED 53 YEARS
D/O LATE M.S. KRISHNAN, MULLASSERY HOUSE, KANNOTH
P.O., VENKITANGU, THRISSUR, PIN-680 510.
BY ADVS.
K.S.BHARATHAN
ALPHIN ANTONY
AADITHYAN S.MANNALI
VISAKH ANTONY
C.J.LIZY
CHRISTINE MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
THRISSUR, PIN - 680 020.
4 SREE KERALA VARMA COLLEGE,
REPRESENTED BY THE MANAGER, CORPORATE MANAGEMENT OF
SREE KERALA VARMA COLLEGE, THRISSUR AND SECRETARY,
COCHIN DEVASWOM BOARD, THRISSUR, PIN - 680 011.
5 THE PRINCIPAL,
SREE KERALA VARMA COLLEGE, THRISSUR, PIN-680 011.
6 THE UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
P.O, THENHIPALAM, MALAPPURAM DISTRICT, PIN-673 636.
BY ADV K.P.SUDHEER ADVOCATE
SMT. PARVATHY .K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18386 OF 2022 2
JUDGMENT
The petitioner asserts that she was appointed as a Guest Lecturer in the Sanskrit Department of the 4 th respondent - College validly and through a legally sanctioned processes. Her singular complaint in this writ petition is that, in spite of the fact that she was offered Ext.P2 order of appointment and though she has been working continuously thereafter, the eligible salary has not been disbursed to her by the said respondent. She, therefore, prays that 4th respondent be directed to disburse to her the eligible salary, within a time frame to be fixed by this Court.
2. Sri.K.S.Bharathan - learned counsel for the petitioner, further explained that, as along as her client is working as a Guest Lecturer, she is entitled to be paid salary; however, conceding that steps have been taken by the 4 th respondent to again appoint persons as Guest Lecturers or substantively to the said post. He submitted that his client does not oppose such processes, but that as long as she is working and has not been disturbed from the position, her entitlement to salary remains WP(C) NO. 18386 OF 2022 3 unimpeached.
3. Sri.K.P.Sudheer - learned Standing Counsel for respondents 4 and 5 initially took time to obtain instructions in this matter; but, to a pointed question from this Court, submitted that if this Court is only inclined to direct the 4 th respondent to consider the petitioner's claim based on all relevant aspects, he will not stand in the way of appropriate orders being issued. He, however, prayed that this Court may not make any affirmative declarations in favour of the petitioner at this stage and allow the 4 th respondent to take an apposite decision as per law.
4. When I evaluate the afore submissions, it is incontestable that petitioner has been appointed through Ext.P2 and if she has been working as a Guest Lecturer even until today, then certainly, she is entitled to her salary as per the eligible rates. The fact that a new advertisement has been published by the 4th respondent for the purpose of filling up the vacancy, either through a Guest Lecturer or substantively, would not stand in the way of the petitioner being entitled to WP(C) NO. 18386 OF 2022 4 salary, provided there are no other legal impediments.
5. I am, therefore, of the firm view that 4 th respondent must consider the claim of the petitioner and issue an appropriate order without any further delay.
Resultantly, I order this writ petition to the limited extent of directing the 4th respondent to consider the claim of the petitioner for salary during the period which she actually worked on the strength of Ext.P2 order of appointment; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I make it reiteratingly clear that if the petitioner is found eligible to salary during the period in question, then same shall be disbursed to her within a period of one month thereafter and not later.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/29.6 WP(C) NO. 18386 OF 2022 5 APPENDIX OF WP(C) 18386/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY G.O.(MS) NO 164/2018/HEDN DATED 12.07.2018.
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER BEARING NO G5.142/2021 DATED 02.11.2021 ISSUED BY 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE 5TH RESPONDENT BY THE PETITIONER DATED 28.05.2022.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE 4TH RESPONDENT BY THE PETITIONER DATED NIL.
Exhibit P5 TRUE COPY OF COMMUNICATION FROM ADDITIONAL CHIEF SECRETARY TO 2ND RESPONDENT BEARING NO D2/376/2021/H.EDN DATED 05.04.2022.