LAWS(KER)-2020-8-365

ANTY T. J. Vs. STATE OF KERALA

Decided On August 18, 2020
Anty T. J. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Writ appeal is filed by the State and its officers challenging judgment dated 12/2/2019 in WP(C) No. 2595/2019 by which a learned Single Judge having allowed the writ petition issued the following directions:

(2.) WP(C) No. 33871/2019 is filed by Sr.i.Anty T.J., who is the writ petitioner in WP(C) No. 2595/2019, challenging orders passed by the Government rejecting his claim for regularisation of appointment as Assistant Professor (Physical Education) in the St.Albert's College, Ernakulam, pursuant to orders passed by this Court in WP(C) No.2595/2019. The factual aspects relating to both the cases are substantially the same and hence heard and decided together

(3.) The short facts of the case are as under and the parties and documents are being referred as shown in WP(C) No. 33871/2019 unless otherwise stated. Petitioner was appointed as Assistant Professor in Physical Education in the St.Albert's College, Ernakulam on 20/10/2014. According to him, the said appointment is against a permanent vacancy which had arisen upon transfer of another teacher Sri.Abin Wilson, who was working as Assistant Professor in Physical Education. The Standing Committee of the Syndicate had approved his appointment. However, the Government did not sanction the post nor disburse the salary for which he filed WP(C) No. 2595/2019. Learned Single Judge of this Court passed the judgment as stated above which is impugned in WA No. 585/2020. Pursuant to the directions, when a contempt case was filed, the Deputy Director of Collegiate Education issued fresh orders on 13/11/2019 and 19/11/2019 inter alia stating that the appointment of the petitioner cannot be approved. The said orders are produced as Exts.P19 and P21 which are impugned in the present writ petition. Petitioner also seeks for a direction to disburse the salary due to him from 20/10/2014.