Kerala High Court
Anu Lakshmi Venu vs State Of Kerala on 28 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 12755 OF 2022
PETITIONERS:
1 ANU LAKSHMI VENU,
AGED 30 YEARS
W/O. AMBADI P.S., THACHUPARAMBIL HOUSE, KULAVANKUNNU,
CHENGAMANAD P.O, ALUVA.
2 LINDA K.L,
AGED 30 YEARS
W/O. NIKESH BABU, PERUMTHARAPILLIL HOUSE, CHAPPARA,
PANTHIRIMPALA, PULLOOT P.O, KODUNGALOOR, THRISSUR.
3 NISNA K.A,
AGED 32 YEARS
W/O. FAISAL M.H, MANAPURATHPARAMBIL HOUSE, MANNAM P.O,
MANJALY, NORTH PARAVUR.
BY ADV AYPE JOSEPH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, GOVT. SECRETARIATE, TRIVANDRUM 695 001.
2 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY THE REGISTRAR, PRIYADHARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM 686 560.
3 SREE NARAYANA GURU INSTITUTE OF SCIENCE AND TECHNOLOGY,
ARTS AND SCIENCE COLLEGE, REP. BY MANAGER, MANAKKAPADY,
KARUMALLOOR P.O, NORTH PARAVUR- 683 511.
BY ADV P.B.JEFIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 12755 of 2022.
JUDGMENT
Dated this the 28th day of June, 2022.
The petitioners say that they were appointed validly
in the services of the 3rd respondent - College, which is a
Self Financing one operating under the affiliation granted
by the 2nd respondent - Mahatma Gandhi University
(herein after referred to as the MG University). They say
that even though their probation was declared as early
as in the years 2014 and 2016, they have not been paid
the salary for the last several months, aggregating to
more than Rs.3.5 lakhs each, and thus that they have
been constrained to approach this Court, because their
W.P.(C)No. 12755 of 2022.
repeated requests for release of the same have fall on
deaf ears. The petitioners thus pray that 3 rd respondent
be directed to disburse their arrears of salary, as is
evident from Exts.P18, P19, P20 respectively, within a
time frame to be fixed by this Court.
2. The afore request of Sri.Aype Joseph - learned
counsel for the petitioners, was answered by
Sri.Lakshmanan Iyer - learned counsel for the 3 rd
respondent, initially seeking time to file counter
pleadings, but, being aware that this Court has listed this
matter as a last chance for such purpose, submitted that
it is primarily on account of financial crisis that the
eligible salary to the petitioners has not been yet paid.
He added that the eligibility of the petitioners to the
amounts claimed in Exts.P18, P19 and P20 are also
W.P.(C)No. 12755 of 2022.
subject to proper evaluation.
3. Sri.Surin Geroge Ipe - learned Standing
Counsel appearing for the M.G.University, on the other
hand, submitted that 3rd respondent had filed an
extension of affiliation application before his client, along
with an affidavit sworn to by them on 07.04.2022,
wherein, they had unequivocally conceded to pay the
salary to the petitioners, citing financial constraints to be
the sole reason for the delay. He submitted that,
therefore, until the 3rd respondent clear off the arrears of
salary to the petitioners, they will not be given any
benefit for extension of their affiliation, in terms of the
affidavit sworn to by them as mentioned above.
4. When I consider the afore submissions, it is
indubitable that there is hardly any dispute as regards
W.P.(C)No. 12755 of 2022.
the entitlement of the petitioners to salary, though the
College says that the amounts claimed through Exts.P18,
P19 and P20 may not be accurate. However, it is the
affirmative submission of the University that the College
had agreed to pay off the entire arrears to the
petitioners, as also to other teachers and that they had
only cited the reason of financial stringency for being
incapacitated in that regard.
5. Resultantly, I am left without doubt that the 3 rd
respondent - College must pay the eligible arrears of
salary to the petitioners without any avoidable delay.
For the afore reason I order this writ petition,
directing the 3rd respondent to disburse all eligible salary
to the petitioners, adverting to Exts.P18, P19 and P20, as
expeditiously as is possible, but not later than two
W.P.(C)No. 12755 of 2022.
months from the date of receipt of a copy of this
judgment.
Needless to say, until such time as the afore
exercise is completed and demonstrated through cogent
evidence before the University, no future benefits shall
be offered to them, including on their application for
extension of affiliation, taking note of the contents of the
affidavit dated 07.04.2022, submitted before the
University.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/28.06.2022.
W.P.(C)No. 12755 of 2022.
APPENDIX OF WP(C) 12755/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT LETTER TO
THE 1ST PETITIONER DATED 01.07.2015.
Exhibit P2 TRUE COPY OF THE REGULARIZATION LETTER
TO THE 1ST PETITIONER DATED
03.12.2016.
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 1ST PETITIONER
FOR THE VALUATION DUTY DATED
02.11.2021.
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 1ST PETITIONER
FOR THE VALUATION DUTY DATED
25.01.2022.
Exhibit P5 TRUE COPY OF THE RELIEVING ORDER
ISSUED BY THE 3RD RESPONDENT TO THE
1ST PETITIONER DATED 15.03.2022 FOR
VALUATION DUTY.
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 2ND PETITIONER
FOR THE VALUATION DUTY DATED
02.11.2021.
Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 2ND PETITIONER
FOR THE VALUATION DUTY DATED
W.P.(C)No. 12755 of 2022.
25.01.2022.
Exhibit P8 TRUE COPY OF THE RELIEVING ORDER
ISSUED BY THE 3RD RESPONDENT TO THE
2ND PETITIONER DATED 15.03.2022 FOR
VALUATION DUTY
Exhibit P9 TRUE COPY OF THE APPOINTMENT LETTER TO
THE 3RD PETITIONER DATED 08.07.2013.
Exhibit P10 TRUE COPY OF CERTIFICATE OF MERIT
ISSUED BY 3RD RESPONDENT TO 3RD
PETITIONER DATED 12.12.2014.
Exhibit P11 TRUE COPY OF CERTIFICATE OF MERIT
ISSUED BY 3RD RESPONDENT TO 3RD
PETITIONER DATED 10.07.2015.
Exhibit P12 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 3RD PETITIONER
FOR THE VALUATION DUTY DATED
02.11.2021.
Exhibit P13 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 3RD PETITIONER
FOR THE VALUATION DUTY DATED
25.01.2022.
Exhibit P14 TRUE COPY OF THE RELIEVING ORDER
ISSUED BY THE 3RD RESPONDENT TO THE
3RD PETITIONER DATED 15.03.2022 FOR
VALUATION DUTY.
Exhibit P15 TRUE COPY OF THE PRINTOUT OF THE EMAIL
W.P.(C)No. 12755 of 2022.
SEND TO THE 3RD RESPONDENT BY THE 1ST
PETITIONER.
Exhibit P16 TRUE COPY OF THE PRINTOUT OF THE EMAIL
SEND TO THE 3RD RESPONDENT BY THE 2ND
PETITIONER.
Exhibit P17 TRUE COPY OF THE PRINTOUT OF THE EMAIL
SEND TO THE 3RD RESPONDENT BY THE 3RD
PETITIONER.
Exhibit P18 TRUE COPY OF THE STATEMENT OF ARREARS
OF SALARY TO THE 1ST PETITIONER.
Exhibit P19 TRUE COPY OF THE STATEMENT OF ARREARS
OF SALARY TO THE 2ND PETITIONER.
Exhibit P20 TRUE COPY OF THE STATEMENT OF ARREARS
OF SALARY TO THE 3RD PETITIONER.
