RAMLATH A., Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was appointed as Assistant Professor (English) in M.E.S College, Kalladi, Palakkad district and she joined duty on 08.06.2011. By Ext.P1, order dated 26.09.2012 the third respondent, the University of Calicut granted approval for that appointment. Later, salary bill of the petitioner was send for counter signature of the second respondent, the Deputy Director of Collegiate Education. By Ext.P3, order the second respondent returned the salary bill for the reason that appointment of the petitioner is in a transfer vacancy for which concurrence of the Government is required. In this Writ Petition petitioner prays that Ext.P3 may be quashed and a direction be issued to the second respondent to countersign salary bill of the petitioner as and when it is submitted to him by the 4th respondent.

(2.) THE learned Senior Government Pleader has filed statement on behalf of the second respondent. There, it is contended that since petitioner was appointed in a transfer vacancy, prior sanction of the Government was required but no such sanction was obtained and hence the appointment is invalid. It is contended that there was no Government nominee at the time the petitioner was interviewed for selection and appointment as Assistant Professor (English). There was also no notification inviting applications for the said post. On these grounds it is contended that petitioner is not entitled to the reliefs prayed for. Respondents 3 and 4 support contention of the petitioner.

(3.) THE learned Government Pleader appearing for the respondents 1 and 2 contended that the appointment was to a transfer vacancy and hence prior sanction of the Government was required. It is further contended that there was no notification for the post of Assistant Professor (English) and that the Government nominee was requested to take part only for the interview for certain courses other than English.