Kerala High Court
State Of Kerala vs State Of Kerala on 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
WA.No.1067 OF 2020
AGAINST THE JUDGMENT IN WP(C) 4600/2019(Y) OF HIGH COURT OF
KERALA DATED 01.03.2019
APPELLANTS/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REP BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM-695 001.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOZHIKODE-673 001.
BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN W.P.(C):
1 SIRAJUDEEN.P.,
ASSISTANT PROFESSOR, DEPARTMENT OF CHEMISTRY, POCKER
SAHIB MEMORIAL ORPHANAGE COLLEGE, THIRURANGADI,
MALAPPURAM-676 306.
2 UNIVERSITY OF CALICUT
REP BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.,
TENHIPALAM-673 635.
ADDL.R3 IMPLEADED.
3 THE MANAGER,
MANAGING COMMITTEE,PSMO COLLEGE,
PSMO COLELGE,TIRURANGADI,
PIN-676 306.
M.K.ABDURAHIMAN, AGED 61,
S/O.M.K.KUNJAHAMMED HAJI,M.K.HOUSE,
PANAMPUZHA ROAD, TIRURANGADI P.O.,
MALAPPURAM DISTRICT.
WA.No.1067 OF 2020
2
IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED
19/1/2021 IN I.A.1/21 IN W.A.1067/2020.
R1 BY ADV. SRI.BABY ISSAC ILLICKAL
R1 BY ADV. SRI.ISAAC KURUVILLA ILLIKAL
R2 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
R BY ADV. SRI.K.T.SHYAMKUMAR
R3 BY ADV. SRI.HARISH R.MENON
OTHER PRESENT:
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.1067 OF 2020
3
JUDGMENT
Shaffique, J.
This writ appeal has been filed by the State and its
officials challenging judgment of this Court dated
01.03.2019 in W.P.(C) No.4600/2019. By the impugned
judgment the learned single Judge had issued the
following directions.
Petitioner shall be paid salary from the current
month onwards. Arrears shall be paid within a
period of three months. If the 2 nd and 3rd
respondent proposed to conduct an inquiry, and
the inquiry shall be completed within a period
of two months. The payment of salary and
arrears would depend upon the outcome of such
inquiry to be initiated by the 2 nd and 3rd
respondent.
2. The learned Government pleader submits that there is
only 8 sanctioned posts in the Department of Chemistry in
PSMO College, Tirurangadi. The writ petitioner was
appointed against a non sanctioned post. He was the 9 th
person to be appointed in the Chemistry Department.
Reference is also made to Annexure-A1 report dated
01.06.2019 prepared after the judgment dated 01.03.2019,
WA.No.1067 OF 2020
in which the Deputy Director has stated that only 8 posts
were sanctioned, though there is sufficient work load to
accommodate the 9th post.
3. A counter affidavit has been filed on behalf of the
respondent/writ petitioner, inter alia, producing Annexure-
I to Annexure-X. In Annexure-II, is a work load
statement dated 18.10.2010 prepared by the Principal of
the College and countersigned by the Director of
Collegiate Education. It is evident from Annexure-II that
before delinking of Pre-degree course, there were 10
sanctioned posts in the college and after delinking of Pre-
degree course, 4 posts were sanctioned based on the work
load for conditional courses sanctioned during 1998-99 &
2001-02. Subsequently the eligible work load was
computed as 145 hours and it was stated that number of
sanctioned posts are 9 and 4 posts are to be filled up.
Pursuant to the aforesaid staff fixation order, selection
was conducted for the additional posts. With reference to
the writ petitioner itself, a selection Committee had been
constituted as evident from letter dated 26.12.2017 and
it is thereafter that the petitioner was appointed as
WA.No.1067 OF 2020
Assistant Professor in the Department of Chemistry. If
there was no sanctioned post, there was no necessity to
appoint a nominee of the Government for conducting
selection.
4. Considering the factual circumstances available in the
case, we are of the opinion that the petitioner had been
appointed against a sanctioned post and, therefore, the
learned single Judge was justified in issuing the directions
as sought for. We do not find any reason to interfere
with the judgment passed by the learned single Judge.
The appeal is, therefore, dismissed.
sd/-
A.M.SHAFFIQUE, JUDGE
sd/-
GOPINATH P., JUDGE
AMV/29/01/2021
WA.No.1067 OF 2020
APPENDIX
PETITIONERS ANNEXURES :
ANNEXURE 1 COPY OF THE STAFF FIXATION STATEMENT FOR
THE YEAR 2008-09 ENDORSED BY THE 3RD
APPELLANT.
ANNEXURE II COPY OF THE LETTER DATED 18.10.2010 OF THE
1ST APPELLANT
ANNEXURE III COPY OF THE ORDER OF THE 1ST RESPONDENT
DT;20.02.2017
ANNEXURE IV COPY OF THE UNDERTAKING MADE BY THE
MANAGER BEFORE THE APPELLANTS.
ANNEXURE V COPY OF THE ORDER DT:17.01.2020 OF THE
2ND RESPONDENT.
ANNEXURE VI COPY OF THE REPORT DT.01.06.2019
ANNEXURE VII COPY OF THE JUDGMENT DT.14.01.2020 IN
CON.CASE(C) NO.901 OF 2019.
ANNEXURE VIII COPY OF THE PROPOSAL DT.05.02.2020
SUBMITTED BY THE MANAGER
ANNEXURE IX COPY OF THE INTERIM ORDER OF THIS HON'BLE
COURT DT.23.07.2020 IN W.P.(C)
NO.8986/2020.
ANNEXURE X COPY OF THE ORDER OF THE 2ND APPELLANT
DT.22.05.2020.
ANNEXURE A1 COPY OF THE REPORT OF THE DEPUTY DIRECTOR
OF COLLEGIATE EDUCATION.
RESPONDENTS ANNEXURES NIL
TRUE COPY P.A.TO JUDGE
