Vinaya.K vs The Principal, R.Sankar Memorial ...
2023 Latest Caselaw 6660 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                   WP(C) NO. 40159 OF 2016
PETITIONER:

          VINAYA.K
          AGED 27 YEARS, W/O.HEMANTH,
          KUNIYIL HOUSE, EDACHERI NORTH POST,
          VATAKARA (VIA), KOZHIKODE - PIN 673502.
          BY ADVS.
          SRI.V.T.MADHAVANUNNI
          SRI.V.A.SATHEESH
          SRI.M.S.VINEETH
          SRI.M.VIVEK RABINDRANATH

RESPONDENTS:

    1     THE PRINCIPAL,
          R.SANKAR MEMORIAL SNDP YOGAM ARTS &
          SCIENCE COLLEGE, KOYILANDY,
          KOZHIKODE DISTRICT, PIN - 673 305.
    2     CORPORATE MANAGEMENT OF S.N.D.P.
          YOGAM COLLEGES, P.B.NO.512, KOLLAM,
          REPRESENTED BY ITS GENERAL MANAGER
          VELLAPALLY NATESAN.
    3     THE REGISTRAR
          UNIVERSITY OF CALICUT,
          CALICUT UNIVERSITY POST, CALICUT-673635.
    4     THE DIRECTOR OF COLLEGIATE EDUCATION
          THIRUVANANTHAPURAM-695001.
    5     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          NEAR HEAD POST OFFICE, KOZHIKODE-673001.
    6     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          HIGHER EDUCATION DEPARTMENT,
          GOVERNMENT OF KERALA,
          THIRUVANANTHAPURAM-695001.
          BY ADVS.
          SRI.S.P.ARAVINDAKSHAN PILLAY
          A.N.RAJAN BABU
          GOVERNMENT PLEADER
          SRI.S.A.ANAND
          SMT.L.ANNAPOORNA
 W.P.(C).No. 40159 of 2016
                                           :2:


               SRI.K.A.BALAN
               SRI.S.DEEPAK
               GOVERNMENT PLEADER
               SRI.PETER JOSE CHRISTO
               SMT.N.SANTHA
               SRI.V.VARGHESE
               SRI.V.VENUGOPAL - GP
               SRI.A.N.RAJAN BABU - SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.06.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 40159 of 2016
                                     :3:



                   DEVAN RAMACHANDRAN, J.
                =========================
                    W.P.(C).No. 40159 of 2016
               ==========================
                Dated this the 20th day of June, 2023

                                JUDGMENT

The petitioner, who was appointed as a Guest Lecturer in

"R.Sankar Memorial SNDP Yogam Arts & Science College"

('College' for short) - of which the 2 nd respondent is its

Corporate Management, singularly seeks that she be directed to

be paid eligible remuneration for 514 hours, which she

discharged as duty in such position.

2. Sri.V.T.Madhavan Unni - learned counsel for the

petitioner, submitted, that as is manifest from the various orders

produced on record, particularly, Ext.P7 - Appointment Order,

Exts.P8 to P13 - Proforma Claiming Remuneration, she had

worked for 514 hours and was eligible to be paid at the rate of

Rs.500/- per hour, thus to a total of Rs.2,57,000/-. He submitted

that his client has been, however, paid only Rs.42,000/- against

this and that a balance of Rs.2,15,000/- remains to be paid. He

thus prayed that the Government, or the College - as the case

may be - be directed to pay her this amount within a time frame

to be fixed by this Court.

W.P.(C).No. 40159 of 2016

3. The learned Government Pleader - Sri.V.Venugopal,

however, submitted that a counter affidavit has been filed on

record on behalf of the 5 th respondent, wherein, it has been

specifically averred that, even though certain courses were

sanctioned to the College, no posts have yet been created

against them, because the workload had not been yet assessed.

He added that the Director of Collegiate Education would have

to first assess the workload, before admitting any salary to the

Guest Lecturers; but that since the College has not submitted

any proposal for the newly sanctioned courses, the Government

is unable to pay any amount as now requested by the petitioner.

He added that, it is for the College to answer the petitioner's

claims, because it was they who appointed her, notwithstanding

the fact that the post had not been sanctioned.

4. Sri.A.N.Rajan Babu - learned Standing Counsel for the

College, submitted that when the courses were sanctioned by

the Government, creation of posts is only a corollary

consequence; but admitted that the workload has not been yet

calculated for such purpose. He prayed that, this Court may,

therefore, allow his client to approach the Government for

assessment of the workload and for sanctioning of the post; and W.P.(C).No. 40159 of 2016

that the petitioner's claim be allowed to be deferred until such

time.

5. Even when I hear Sri.A.N.Rajan Babu on the afore lines,

the fact remains that the College could have appointed the

petitioner only after the post had been sanctioned, for which,

the workload assessment was the sine qua non. When they

admit that the latter has not been done, thus incapacitating the

Government from creating any posts, they were fully aware that

the salary of the petitioner would not be honoured by them.

Obviously, therefore, the responsibility of honouring it is

primarily on them, though they would be entitled to seek it from

the Government, if it is so permissible, after the workload is

assessed and posts are created.

In the afore circumstances, I dispose of this writ petition

with the following directions:

(a) The competent Authority of the College will

ensure that eligible salary to the petitioner is paid

to her, as expeditiously as is possible, but not later

than two months from the date of receipt of a copy

of this judgment.

(b) In the meanwhile, the College will be at full W.P.(C).No. 40159 of 2016

liberty to approach the Government for assessing

the workload and for sanctioning of the posts and

also to claim any amounts that may be eligible after

such exercise; for which purpose, all their liberties

and contentions are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 40159 of 2016

APPENDIX OF WP(C) 40159/2016

PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE APPOINTEMENT ORDER DATED 06.11.2013 ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER.

EXHIBIT-P2: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR NOVEMBER 2013.

EXHIBIT-P3: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR DECEMBER 2013.

EXHIBIT-P4: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR JANUARY 2014.

EXHIBIT-P5: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR FEBRUARY 2014.

EXHIBIT-P6: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR MARCH 2014.

EXHIBIT-P7: TRUE COPY OF THE APPOINTMENT ORDER DATED 16.06.2014 ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER.

EXHIBIT-P8: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR JUNE 2014.

EXHIBIT-P9: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR JULY 2014.

EXHIBIT-P10: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR AUGUST 2014.

EXHIBIT-P11: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR SEPTEMBER 2014.

EXHIBIT-P12: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR OCTOBER 2014.

EXHIBIT-P13: TRUE COPY OF THE PROFORMA FOR CLAIMING REMUNERATION FOR NOVEMBER 2014.