Kerala High Court

Renish Joseph vs State Of Kerala on 1 July, 2021

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE AMIT RAWAL
                              ST
            THURSDAY, THE 1        DAY OF JULY 2021 / 10TH ASHADHA, 1943
                               WP(C) NO. 4896 OF 2014
PETITIONER/S:

                  RENISH JOSEPH, AGED 28 YEARS
                  S/O. ALEXANDER, THUNDIYIL PUTHENPURAYIL HOUSE, MARKET
                  ROAD, CHENGANNUR P.O., ALAPPUZHA DISTRICT, PIN-689121.

                  BY ADV SRI.S.HARIKRISHNAN


RESPONDENT/S:

       1          STATE OF KERALA
                  REP. BY ITS SECRETARY, DEPT. OF HIGHER EDUCATION,
                  SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

       2          THE DIRECTOR OF COLLEGIATE EDUCATION
                  VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695033.

       3          THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
                  M.L.ROAD, KOTTAYAM-1.

       4          MAHATMA GANDHI UNIVERSITY
                  REP. BY ITS REGISTRAR, P.D.HILLS, ATHIRAMPUZHA, KOTTAYAM,
                  PIN-686560.

       5          THE MANAGER
                  MALANKARA ORTHODOX CHURCH COLLEGES (CORPORATE
                  MANAGEMENT), DEVALOKAM, KOTTAYAM, PIN-686038.

                  BY ADVS.
                  SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
                  DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY


OTHER PRESENT:
           GP SRI B HARISH KUMAR


THIS       WRIT    PETITION   (CIVIL)     HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4896 OF 2014
                                     2



                           JUDGMENT

The petitioner has approached this Court seeking

directions to the respondents 1 to 3 to grant approval of

appointment to the petitioner as Asst. Professor in the Dept of

Political Science at Baselius College, Kottayam under 5 th

respondent for drawing and disbursement of the salary and

allowances due along with arrears thereof w.e.f 17.10.2012 till

date, with interest @ 12 p.a.

2. This Court after due deliberation and consideration

of the matter on 23.7.2014 passed an interim order. Counsel

for the petitioner submits that the order aforementioned has

been complied; the only thing which is to be decided is with

regard to the cost/award of the interest relating to the

admitted payment of salary and allowances either from Deputy

Director of Collegiate or from respondent Nos.1 and 3.

3. Learned Government Pleader opposes the

aforementioned contention and submits that the order is

subject to the outcome of the writ petition. WP(C) NO. 4896 OF 2014

4. I have heard the learned counsel for the parties and

of the view that the objection taken by the learned Government

is not correct on plain and simple reading of the order which

reads thus:

Heard Sri.S.Harikrishnan, learned counsel for the petitioner, Sri.V.Vijulal, learned Senior Government Pleader appearing for respondents 1 to 3 and Sri.Varughese M.Easo, learned standing counsel appearing for Mahatma Gandhi University on the interim relief prayed for.

2. By a notification dated 12.4.2012 published in the New Indian Express, Cochin edition, Deepika daily Kottayam edition and Malayala Manorama daily dated 18.4.2012 the fifth respondent invited applications from eligible persons for appointment to the post of Assistant Professor in various disciplines including Politics. The notification was also published in the University News, volume 50, No.70, April 23-29, 2012, published by the Association of Indian Universities (see page 37). Pursuant thereto, the petitioner applied for appointment to the post of Assistant Professor of Politics. After a Government nominee was deputed, the Selection Committee constituted in terms of the Mahatma Gandhi University Statutes, 1997, interviewed the candidates on 14.8.2012 and prepared Ext.P3 minutes. The petitioner was selected and ranked Brat in the community merit quota Sri Vivek Jacob Abraham was ranked Best in the open merit quota Sri Vivek Jacob Abraham was appointed as Assistant Professor of Politics in Catholicate College Pathanamthitta and his appointment was approved by Mahalota Gandhi University. He was also paict salary and allowances. The petitioner was appointed as Assistant Professor of Politics in Basellus College, Kottayam by Ext P4 appointment order dated 17.10.2012 in the retirement vacancy of Professor toshua George, who retired from service on 31.3.2011 on attaining the age of superannuation.

3. The Corporate Manager thereafter submitted a proposal to the Mahatma Gandhi University to approve the petitioners appointment. The Syndicate Standing Committee at its WP(C) NO. 4896 OF 2014

meeting held on 30.5.2013 resolved to approve the appointment of the petitioner and others. Thereupon the Mahatma Gandhi University issued Ext.PS order dated 19.6.2013 approving the appointment of the petitioner as Assistant Professor of Political Science with effect from 17.10.2012. After the petitioner joined duty in Baselius College, Kottayam, the Principal of the College submitted the salary bill of the petitioner along with his letter dated 4.7.2013 for counter signature to the Deputy Director of Collegiate Education, Kottayam. The Deputy Director of Collegiate Education returned the salary bill along with Ext.pg letter dated 27.9.2013 wherein he took the stand that the Government nominee was deputed to fill up only one vacancy of Assistant Professor, that only one vacancy was notified and therefore, the petitioner's appointment cannot be approved.

4. It appears, the Deputy Director of Collegiate Education had also sought a clarification from the Director of Collegiate Education as to whether the petitioner's appointment can be approved. The Director of Collegiate Education in turn sent Ext.p9 letter dated 16.11.2013 wherein, after referring to Ext.P12 Government order dated 15.5.2013 the Director of Collegiate Education clarified that the petitioner's appointment can be approved, if the terms and stipulations in ExtP13 Government letter dated 12.9.2013 have been complied with. The petitioner had more or less simultaneously submitted a representation before the Hon'ble Chief Minister and it was forwarded to the Director of Collegiate Education. The Director of Collegiate Education in turn informed the petitioner by Ext P10 letter dated 25.11.2013 that the Deputy Director of Collegiate Education has already been informed by Ext.P9 letter dated 16.11.2013 to approve his appointment, if the stipulations in Ext.P13 Government letter have been complied with. Still later, the Director of Collegiate Education sent Ext.P11 letter dated 15.1.2014 to the Deputy Director of Collegiate Education, Kottayam calling upon him to take further action in the matter. Even thereafter when steps were not take to disburse salary and allowances to the petitioner, the instant writ petition was filled on 18.2.2014 seeking a writ in the nature of mandamus commanding respondents 1 to 3 to approve the petitioner's appointment as Assistant Professor of Political Science in Baselius College, Kottayam and to draw and disburse salary and allowances to him with effect from 17.10.2012, with interest at 12% per annum WP(C) NO. 4896 OF 2014

5. It is evident from the stand taken by the Director of Collegiate Education in Exts.P9, P10 and P11 letters and the terms and stipulations in Ext.P12 Government order and Ext.P13 Government letter that vacancies which arise in private aided colleges after preparation of the select list can be filled up by appointing candidates included therein and that appointments to vacancies arising due to retirement can be filled up by the management without the concurrence of the Government. Apart from merely stating that only one vacancy was notified and the Government nominee was also deputed to fill up that vacancy and as the notified vacancy has already been filled up by appointing the first rank holder in open merit quota, respondents 1 to 3 have not raised any other objection to the petitioner's appointment. I have by judgment delivered on 11.6.2014 in W.P.(C) No.4490 of 2014 considered a similar issue and held relying on Ext.P12 Government order dated 15.5.2013, Ext.P13 Government letter dated 12.9.2013 as also the Government letter No.170/D2/2012/ H.Edn dated 18.1.2012 as follows:

"14. The Government letter first cited in the letter dated 12.9.2013 is the letter dated 18.1.2012 and the Government order cited second is the order dated 15.5.2013, referred to in paragraphs 11 and 12 above. It is evident from the Government order dated 15.5.2013 and the Government letters dated 18.1.2012 and 12.9.2013 referred to above that vacancies which arise in private aided colleges after the preparation of the select list can be filled up by appointing candidates included therein and that appointments to vacancies arising due to retirement can be filled up by the management Government. without the concurrence of In the instant case, the aforesaid requirements are satisfied in full. It is not in dispute that the petitioner was appointed in the vacancy of Smt.T.Remani who retired from service on 31.3.2011 from N.S.S. College, Pandalam. Such being the situation, I am of the opinion that the Kerala University was perfectly justified in approving the petitioner's appointment and that no objection can be taken by the Government to the petitioner's appointment. I accordingly hold that the petitioner is entitled to succeed.

For the reasons stated above, I allow the writ petition and direct respondents 3 to 5 to take steps to draw and disburse arrears of salary and allowances to the petitioner with effect from 14.11.2012, the date from which her appointment was WP(C) NO. 4896 OF 2014

approved by the University of Kerala, expeditiously and in any event, within an outer limit of one month from the date on which the petitioner produces a copy of this judgment before the third respondent."

6. The petitioner herein is similarly placed. In such circumstances, I find no justification on the part of respondents 1 to 3 in withholding the payment of salary and allowances to the petitioner. I therefore deem it appropriate to pass an interim order directing respondents 1 to 3 to take steps to draw and disburse arrears of salary and allowances to the petitioner. accordingly direct as follows: I

i. The Deputy Director of Collegiate Education shall on the Principal of Baselius College, Kottayam submitting the salary billof the petitioner for the month of July, 2014, draw and disburse salary for the current month (July 2014) before 8.8.2014.

ii. Arrears of salary for the period from 17.10.2012 till 30.6.2014 shall be drawn and disbursed within one month from the date on which the arrear bill is submitted by the Principal of the college.

(iii) Needless to say the respondents shall continue to draw and disburse salary and allowances to the petitioner without fail.

(iv) The petitioner's entitlement to press for payment of costs/award of interest for belated payment of salary and allowances either from the Deputy Director of Collegiate Education or from respondents 1 to 3 shall be decided at the time of final hearing.

(v) Learned standing counsel for the Mahatma Gandhi University is permitted to take back the files leading to Ext.P6 produced by him pursuant to this Court's order dated 16.7.2014.

As far as the payment of cost and award of interest, I

would be refraining from putting the liability either of the

parties as the fact of the matter is all the directions contained WP(C) NO. 4896 OF 2014

in the order have been complied with and the petitioner is

being paid salary.

In view of the aforementioned facts, writ petition is

ordered to be closed.

Sd/-

sab AMIT RAWAL

JUDGE WP(C) NO. 4896 OF 2014

APPENDIX OF WP(C) 4896/2014

PETITIONER ANNEXURE