The Manager, S.N.College vs Suki P.Raj
2021 Latest Caselaw 16754 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                        &
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                               WA No. 694 OF 2021
AGAINST THE JUDGMENT DATED 09-04-2021 IN WP(C) 19658/2020 OF HIGH COURT OF KERALA
APPELLANT:/RESPONDENT No.5:

             THE MANAGER, S.N.COLLEGE
             KOLLAM - TRIVANDRUM HIGH WAY, KOLLAM - 691001.

             BY ADV A.N.RAJAN BABU


RESPONDENTS:

     1       SUKI P. RAJ
             AGED 43 YEARS, D/O. PROF. B. VIJAYARAJAN, RESIDING AT SOUPARNIKA,
             RSNRA - 29, NEAR RAILWAY RUNNING ROOM, KOLLAM - 691001.

     2       THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, KERALA - 695001.

     3       DIRECTOR OF COLLEGIATE EDUCATION
             6TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.

     4       REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
             KOLLAM, SOUTH ZONE, ASP TOWER, CHAMAKKADA, KOLLAM - 691001.

     5       UNIVERSITY OF KERALA
             REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS,
             KARIYAVATTOM, THIRUVANANTHAPURAM - 695034.

             BY ADVS.
             S.MUHAMMED HANEEFF
             SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
             M.H.ASIF ALI


OTHER PRESENT:
           SR. GP A J VARGHESE

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.694/2021                             -2-

                                    JUDGMENT

A.K.Jayasankaran Nambiar, J:

The Manager of the S.N. College, who was the 5 th respondent in W.P(C)

No.19658/2020, is the appellant before us aggrieved by the judgment dated 09-04-2021

of the learned Single Judge in the writ petition. Shorn of unnecessary details. The brief

facts necessary for a disposal of the writ appeal are as follows:

2. The writ petitioner was engaged as a Lecturer in Computer Application by

the Principal of the S.N. College, Kollam with effect from 03-06-2004. At the time of her

engagement as such there was apparently no sanctioned post of Lecturer in Computer

Application to accommodate the petitioner. In the light of the Government order dated

20-08-2010 that sanctioned various teaching posts in the college aforesaid, Ext.P2 order

dated 20-03-2012 of the University assessing the workload of the College and the

Government order dated 05-11-2019 recognizing the need for sanction of additional

posts corresponding to the work load assessment done by the University, it was the writ

petitioner's case that with effect from 20-08-2010, she should be accommodated against

a vacant post of Lecturer in Computer Application. When representations preferred by

the writ petitioner and the Principal of the college before the Government were left

unattended by the Government, the petitioner approached this court through W.P (C)

No.3632/2020, which was disposed by Ext.P8 judgment dated 10-02-2020 directing the

Government to consider and pass orders on the representations preferred by the

petitioner as well as the Principal of the college, after hearing the necessary parties,

within 3 months from the date of receipt of a copy of the judgment. The Government,

thereafter, in due compliance with the directions in Ext.P8 judgment proceeded to pass

Ext.P15 order rejecting the claim of the petitioner. The writ petitioner therefore

approached this court in W.P (C) No.19658/2020 contending inter alia that the

Government while passing Ext.P15 order had not specifically adverted to the claim of

the petitioner as raised in the representations filed before the Government and to that

extent there was a breach of directions in Ext.P8 judgment.

3. The learned Single Judge who considered the writ petition was of the

opinion that the specific plea raised by the petitioner that, even in the absence of an

appointment order issued to her on account of the non-sanctioning of the posts in the

Department of Computer Application of the college, she should be deemed to have been

so appointed, was liable to be considered by the Government with notice to the

petitioner as well. Ext.P15 order of the Government that was impugned in the writ

petition was accordingly set aside in as much as it had not considered the specific plea

of the petitioner, and the Government was directed to re-consider the issue with notice

to all the parties after hearing the petitioner and considering her contentions as well.

4. In the appeal before us, the appellant Manager of the S.N. College,is

essentially aggrieved by the observations of the learned Single judge in the impugned

judgment which, according to him, recognizes that the petitioner has in fact a valid

claim for regularization of service in the sanctioned post of Lecturer in Computer

Application with effect from the date of Ext.P1 Government order. While we do not see

any express observation in the judgment of the learned Single judge that would cause

any such apprehension in the mind of the appellant, we deem it appropriate to clarify

that nothing in the impugned judgment shall be seen as determining the rights of the

petitioner viz- a-vis the claim made in the representations before the Government. We

dispose this writ appeal by relegating the writ petitioner before the 1 st respondent

Government for reconsidering the issue raised in the representations aforementioned,

as directed by the learned Single Judge. The government shall pass fresh orders in the

matter within a period of 2 months from the date of receipt of a copy of this judgment.

Save for the above clarification with regard to the observations in the impugned

judgment, we do not deem it necessary to interfere with the directions issued by the

learned Single Judge. The writ appeal is disposed as above. The interim order passed by

this court on 30-04-2021 is made absolute, subject to what is stated above. The gracious

undertaking of the learned counsel for the appellant that, the arrears of remuneration

due to the writ petitioner, if any, will be immediately paid to her, is also recorded.

(Sd/-) A.K. JAYASANKARAN NAMBIAR JUDGE

(Sd/-) GOPINATH P.

JUDGE AMG