RESHMA SALIM Vs. MANAGER

JUDGEMENT

(1.) The writ petition has been filed praying to quash Ext.P2, whereby the 3rd respondent directed the 1st respondent to revise the proposal for appointment of the petitioner as Assistant Professor in English in S.N. College, Chathannur with effect from 02.06.2017 instead of the actual date of appointment 21.01.2016. The question involved is whether the petitioner was appointed on 21.01.2016 to a post which had been sanctioned/approved.

(2.) Heard Sri M.S.Radhakrishnan Nair, learned counsel for the petitioner, Sri A.N.Rajan Babu, learned Standing Counsel for respondents 1 and 2, Sri Thomas Abraham, learned Standing Counsel for the 3rd respondent and Smt.G.Renjitha, learned Government Pleader for respondents 4 to 6.

(3.) The issue regarding the assessment of workload and staff fixation on the basis of the workload, in S.N.College, Chathannur, was initially taken up at an Adalat in 2002. It can be seen from Ext.R6(a) produced by the Deputy Director of Collegiate Education, Kollam that the workload for English Department was assessed as 22 hours at the Adalat. Ext.R6(a) also shows an additional workload for new course as 10 hours. On the basis of the workload assessment which was done in 2002 there was only one sanctioned post in English Department in the College. Later, by Ext.P6, the 3rd respondent assessed the workload and fixed the staff strength of S.N.College, Chathannur for the academic year, 2011- 12. It can be seen from Ext.P6 that the workload assessed for English was 32 hours and permissible number of teachers as per staff fixation was 2. On the basis of Ext.P6, the 1st respondent took up the matter with the 4th respondent and requested for sanction of the posts in accordance with Ext.P6. An Adalat was conducted on 21.11.2014 in the Chamber of the Deputy Director of Collegiate Education and as seen from Ext.P9 minutes of the meeting, it was decided to allow 2 posts in the English Department, having regard to the workload of 32 hours. One Smt. R.Reshma had been appointed in English Department in S.N.College, Chathannur, and by Ext.P7, the 3rd respondent had approved her initial appointment. When concurrence from the Government was getting delayed, Smt.Reshma R. had approached this Court by filing W.P.(C)No.2413 of 2015 and by Ext.P8 judgment, this Court directed the Directorate of Collegiate Education to complete the entire exercise regarding the concurrence for the approval of appointment of Reshma R., within four months from the date of receipt of a copy of the judgment. Pursuant to Ext.P8, the 4th respondent issued Ext.P11 order directing the Director of Collegiate Education to take steps for approval of the appointment of Reshma R. in English Department in S.N.College, Chathannur and several other teachers. The date of approval for Reshma R. is 09.10.2012 as per Ext.P11.