MOIDU VALIYAPARAMBATH Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the communication issued by the Government as per Ext.P4 as well as Ext.P3 communication issued by the Deputy Director of Collegiate Education.

(2.) IT is a case where the petitioner was appointed as Librarian Grade-IV in the 4th respondent College in the leave vacancy of one Sri.Subair Vadakkepurayil. IT is pointed out that he was working in the institution from 08.08.2005 to 30.11.2008. The petitioner has pointed out that he was working there without salary also.

(3.) IN the counter affidavit filed by the 2nd respondent, it is averred in paragraph 2 that as per the revised staff pattern, there is no post of Librarian Grade-IV in the colleges having UGC grant.The post of UGC Librarian has also been sanctioned. Since the appointment of the petitioner is against the existing Government Order, the appointment is null and void. It is pointed out that the Director of Collegiate Education as per letter No.F4/43740/07/Coll.Edn. dated 23.03.2007 had also made it clear that since 10 post of staff including one Junior Superintendent, one Clerk and two Library Attenders are already in excess (working as Supernumerary) in the college, there is no eligibility for new appointment in the college. It is pointed out that ignoring this order, the Management continued with the appointment of the petitioner and therefore, the Management alone is responsible for the irregular appointment.