T PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a private college teacher. He has been appointed by the sixth respondent, a private college corporate management. Petitioner was originally posted in Nangiarkulangara. Later he was transferred to Cherthala. Again sent back to Nangiankulangara. On 7.11.2000 petitioners initial appointment had been approved. These are not disputed. But on transfer to Cherthala, the petitioner is not being paid salary. That is the grievance of the petitioner.

(2.) Of course, when the university approves the appointment necessarily in terms of the direct payment agreement, the Deputy Director of Collegiate Education is liable to draw and pay salary to the concerned teacher. If there is any objection to draw salary, necessarily, the Deputy Director is entitled to take up the matter with the university as per the decision reported in Cherian Mathew v. Principal, S.B. College, Changanacherry ( 1998 (2) KLT 144 ). But the approval and payment of salary considered in the said judgment were subject to the condition that the post exists. If a post is abolished or reduced in one among the colleges of a corporate management, it is incumbent on the management to re - deploy the excess hand. Management shall re - deploy such excess hand to another college. In the case of the petitioner, petitioner was happened to be posted to Cherthala, when the Deputy Director directed the Principal to re - deploy the then existing excess hand. Inspite of that the then existing excess hand was transferred, the petitioner was posted in that place. Again the excess hand continues. Government have a liability to pay salary in terms of the direct payment agreement only to the staff appointed in accordance with the strength sanctioned by the university. In this case, the management has committed the irregularity. Government cannot be mulcted with liability to pay salary to a teacher in excess of the sanctioned strength.