Dr. Neethu G. Pillai vs State Of Kerala
2021 Latest Caselaw 23262 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         WP(C) NO. 9354 OF 2021
PETITIONER/S:

     1     DR. NEETHU G. PILLAI, AGED 31 YEARS
           W/O. SYAM KRISHNAN, RESIDING AT ATHIMUTTATHUKIZHAKKETHIL,
           MATHILBHAGOM, THIRUVALLA, PATHANAMTHITTA 689 101.
     2     MEERA KRISHNAN, AGED 26 YEARS
           D/O. KRISHNAN KUTTY N, RESIDING AT SREE SHYLAM, KADAKAKD
           SOUTH, PANDALAM P.O.PATHANAMTHITTA 689501.
     3     DR. SALINI SASIDHARAN, AGED 35 YEARS
           D/O. G. SASIDHARAN NAIR, RESIDING AT SARADA BHAVAN KALA
           WEST, MANNADY P.O.
           PATHANAMTHITTA 691 530.
     4     DR. KRISHNAVENI, AGED 37 YEARS
           W/O. JYOTHISH J., RESIDING AT CHAKKALAYIL VEEDU,
           PAZHAKULAM EAST, PAZHAKULAM P.O. ADOOR,
           PATHANAMTHITTA 691 554.
     5     ANJALI JAGADEESH, AGED 28 YEARS
           D/O. JAGADESWARAN PILLAI, RESIDING AT KUREEKKATTU HOUSE,
           AMBALATHUM BHAGOM P.O. PORUVAZHY, KOLLAM 690 520.
     6     UNNIMAYA V., AGED 26 YEARS
           D/O.K.R. VENUGOPAL, RESIDING AT KAIPUZHAYIL HOUSE,
           ETTUMANOOR P.O. KOTTAYAM 686 631.
     7     ANU SANAL, AGED 30 YEARS
           D/O. SANAL KUMAR, RESIDING AT AISWARYA NIVAS, PARIYARAM
           P.O. ELANTHOOR, PATHANAMTHITTA 689 643.
     8     AKHIL T.R., AGED 29 YEARS
           S/O.T.P. REGHUNATHAN, RESIDING A T THANDILAKKATHU (H),
           PERUMTHURUTHU P.O. KALLARA, KOTTAYAM 686 611.
     9     ABDUL RASAK M., AGED 31 YEARS
           S/O. MOHAMMED EBRAHIM,
           RESIDING AT MADHEENA MAHAL, KILLY, KOLLODU P.O.
           THIRUVANANTHAPURAM 695 571.
    10     REMYA CHANDRAN, AGED 34 YEARS
           W/O. SREEJITH M.K.,
           RESIDING AT MALAMUKALIL HOUSE, POOZHICKAD, KUDASSANADU.
           P.O. PANDLAAM, PATHANAMTHITTA 689 512.
    11     LEKSHMI A.J., AGED 28 YEARS
           D/O. K. AJITH KUMAR, RESIDING AT KALAVARA PADINJARETHIL,
           THATTAYIL P.. MALLIKA 691 525.
 WP(C) NO. 9354 OF 2021
                                        -2-

    12      SREELEKSHMI V., AGED 29 YEARS
            D/O.K.S. VIJAYAKUMAR, RESIDING AT MADHAVAM HOUSE,
            KADAMMANITTA P.O. PATHANAMTHITTA 689 649.

    13      DR. MAYA DEVI. E.V, AGED 40 YEARS
            D/O. P VASU PILLAI, RESIDING AT PANAPPALLIL VADAKKETHIL,
            THUMPAMON, PATHANAMTHITTA 689 502.
    14      BETTY BABU, AGED 27 YEARS
            D/O. BABU DANIEL, RESIDING T KALLELIL HOUSE, PUNTHALA P.O.
            VENMONY, ALAPPUZHA 689 509.
            BY ADVS.
            S.MUHAMMED HANEEFF
            V.VIJULAL
            SRI.M.H.ASIF ALI
RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO
            GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM 695 001.
     2      DIRECTOR OF COLLEGIATE EDUCATION,
            6TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.
     3      DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION,
            VAYASKARAKUNNU, NEAR FIRE STATION, KOTTAYAM 686 001.
     4      UNIVERSITY OF KERALA,
            REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS,
            KARIYAVATTOM, THIRUVANANTHAPURAM 695 034.
     5      PRINCIPAL,
            N.S.S COLLEGE, PANDALAM, PANDALAM P.O. PATHANAMTHITTA 689
            501.
     6      SECRETARY,
            N.S.S CENTRAL COMMITTEE,
            PATHANAMTHITTA 689 501.
            BY ADVS.
            GP SRI JIMMY GEORGE
            SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9354 OF 2021
                                                -3-



                                           JUDGMENT

Petitioners 1 to 14 are the Guest Lecturers in the panel prepared

and maintained by the Deputy Directorate of Collegiate,

Vayaskarakunnu, Kottayam, and are discharging their duties in the

respective subjects at N.S.S. College, Pandalam, during the academic

year 2018-19, as evident from the details of services, Ext.P1. Grievance

of the petitioners in nutshell is that, the 5 th respondent - Principal,

N.S.S.College, Pandalam, Pathanamthitta, invited application for

appointment as Guest Lecturer in the Departments of Botany,

Biochemistry, Sanskrit, English, Geography, Chemistry and

Economics. After having undergone procedure for selection by the

legally constituted selection committee, petitioners 1 and 2 were

appointed on 19.09.2018, and other petitioners were also appointed as

Guest Lecturers in their respective subjects, evident from Exts.P3 to

P16. Consequent to joining in service based on Exts.P3 to P16,

petitioners submitted bond as required by the 3 rd respondent

undertaking to refund any amount received by them as salary, if found

to have been paid in excess. After having rendered service for almost WP(C) NO. 9354 OF 2021

one year, petitioners got relieved from the service on 29.03.2019, at the

end of the academic year, till date their salary/remuneration has not

been disbursed. Learned counsel would submit that it is in that

background, petitioners filed this writ petition seeking to issue proper

directions to the respondents, however, during the pendency of this

writ petition, a communication dated 06.11.2021 has been issued from

the office of the Joint Secretary to the Director of Collegiate Education,

to disburse the eligible salary to such Guest Lecturers, after verifying

and after giving strict warning to the teachers and the concerned

authorities if the delay in disbursement of salary was caused solely due

to the delay in submission of bond. It is submitted by learned counsel

for the petitioners that directions may be issued to the respondents to

disburse the salary of the petitioners as per the communication dated

06.11.2021, in accordance with law.

2. Sri. Surin George Ipe, learned Government Pleader submitted

that the concerned departments of the respondents would take a call in

view of the contents of the communication dated 06.11.2021.

3. I have heard learned Counsel for the petitioners and learned

Government Pleader.

WP(C) NO. 9354 OF 2021

4. Contents of the communication dated 06.11.2021, referred

above reads thus:

Government of Kerala Higher Education (D) Department 06/11/2021, Thiruvananthapuram No.D1/6/2020/H.Edn Additional Chief Secretary Director of Collegiate Education, Thiruvananthapuram Sir, Sub:- H.edn-Private aided colleges - Salary for guest lecturers who did not submit bond at the time of appointment Ref:- Your letter bearing D5/26083/19 dt 24/12/2019, 25/8/2021.

Your attention is invited to the letter referred above. The government has examined in detail the complaints raised by Guest Lecturers who were appointed in various aided colleges during the academic year 2018-19 however, salary was denied due to non-submission of bond on the date of appointment. If these Guest Lecturers are qualified and appointed following due procedure in sanctioned posts and had worked; if salary is denied only on the ground of not submitting bond at the time of appointment, it is permitted to disburse eligible salary to such guest lecturers after verifying the above and after giving strict warning to the teacher and the concerned authorities. You are directed to ensure that in the matter of appointments of guest lecturers the provisions of Circular VI/103066/2018/Coll. Edn dt. 24.07.2019 is followed properly and bond is submitted without delay and consequently salary is disbursed monthly.

You are directed to submit proposal for consequential amendment to the circular VI/103066/2018/Coll. Edn dt. 24.07.2019 Faithfully, WP(C) NO. 9354 OF 2021

Hari Kumar G, Joint Secretary, For Additional Chief Secretary With approval Section Officer.

5. In that view of the matter, I am of the opinion that a writ of

mandamus be required to be issued to the 3 rd respondent to take a call

on the payment of salary of the petitioners for the academic year 2018-

19 without insisting them for submission of bond, within a period of 30

days from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

AMIT RAWAL JUDGE uu WP(C) NO. 9354 OF 2021

APPENDIX OF WP(C) 9354/2021

PETITIONER EXHIBITS EXHIBIT P1 THE DETAILS OF THE SERVICE OF THE PETITIONERS INCLUDING THEIR SUBJECTS, DATE OF RELIVING IN N.S.S. COLLEGE, PANDALAM.

EXHIBIT P2 A TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE HELD ON 25.06.2018 FOR THE POST OF GUEST LECTURER IN BOTANY ALONG WITH THE RANK LIST PUBLISHED.

EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER.

EXHIBIT P8 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER.

EXHIBIT P9 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER.

EXHIBIT P10 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER.

EXHIBIT P11 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH PETITIONER.

EXHIBIT P12 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 10TH PETITIONER.

EXHIBIT P13 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 11TH PETITIONER.

EXHIBIT P14 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH PETITIONER.

EXHIBIT P15 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 13TH PETITIONER.

EXHIBIT P16 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 14TH PETITIONER.

EXHIBIT P17 A TRUE COPY OF THE BOND SUBMITTED BY THE 1ST PETITIONER.

WP(C) NO. 9354 OF 2021

EXHIBIT P18 A TRUE COPY OF THE BOND SUBMITTED BY THE 2ND PETITIONER.

EXHIBIT P19 A TRUE COPY OF THE BOND SUBMITTED BY THE 3RD PETITIONER.

EXHIBIT P20 A TRUE COPY OF THE BOND SUBMITTED BY THE 4TH PETITIONER.

EXHIBIT P21 A TRUE COPY OF THE BOND SUBMITTED BY THE 5TH PETITIONER.

EXHIBIT P22 A TRUE COPY OF THE BOND SUBMITTED BY THE 6TH PETITIONER.

EXHIBIT P23 A TRUE COPY OF THE BOND SUBMITTED BY THE 7TH PETITIONER.

EXHIBIT P24 A TRUE COPY OF THE BOND SUBMITTED BY THE 8TH PETITIONER.

EXHIBIT P25 A TRUE COPY OF THE BOND SUBMITTED BY THE 9TH PETITIONER.

EXHIBIT P26 A TRUE COPY OF THE BOND SUBMITTED BY THE 10TH PETITIONER.

EXHIBIT P27 A TRUE COPY OF THE BOND SUBMITTED BY THE 11TH PETITIONER.

EXHIBIT P28 A TRUE COPY OF THE BOND SUBMITTED BY THE 12TH PETITIONER.

EXHIBIT P29 A TRUE COPY OF THE BOND SUBMITTED BY THE 13TH PETITIONER.

EXHIBIT P30 A TRUE COPY OF THE BOND SUBMITTED BY THE 14TH PETITIONER.

EXHIBIT P31 A TRUE COPY OF THE CIRCULAR NO.

VI/103066/2018/COLL ED. DT. 24.7.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P32 A TRUE COPY OF THE ORDER BEARING NO. B3-

913/19DTD. 30.04.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P33 A TRUE COPY OF THE ORDER BEARING NO. B3-3740/19 DTD. 02.072019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P34 A TRUE COPY OF THE ORDER BEARING NO. B3-3739/19 DTD. 02.07.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P35 A TRUE COPY OF THE ORDER BEARING NO. B3-3742/19 DTD. 24.05.2019 ISSUED BY THE 3RD RESPONDENT.