AJESH K.ZACHARIAH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are Assistant Professors appointed in the Department of Chemistry in the 6th respondent College. The syndicate of the 5th respondent University had approved the appointments as per Ext.P2, with effect from 01.02.2012 and 02.02.2012, respectively. But when the 7th respondent had submitted a request before the Government for approval of the appointments for the purpose of disbursement of salary to the petitioners, Ext.P4 letter was issued raising objections and the 7th respondent was requested to furnish a copy of the Government Order through which the nominee of the Government was appointed to the selection committee. The 7th respondent submitted a detailed reply as per Ext.P5 stating that the vacancies arose due to retirement of regular hand and that the appointments are in order. Despite such reply the salary bills of the petitioners were not approved. Hence this writ petition is filed seeking direction to grant concurrence of the appointment by the Government and to sanction arrears of salary and all consequential benefits due to the petitioners.

(2.) HISTORY of the case is that, 2 posts of Assistant Professors were sanctioned in the Department of Chemistry in the 6th respondent College vide G.O.(MS) No.260/2010/H.Edn. dated 20.08.2010. The selection committee was constituted by the Syndicate, as per the University statutes, including the Government nominee. The selection committee had prepared a Rank List for appointment, including names of the petitioners. The appointments were made on the basis of the selection made by the selection committee. Therefore the clarification sought for is not sustainable and withholding payment of salary is totally unjustifiable, is the contention.

(3.) IN the counter affidavit filed on behalf of respondents 6 and 7 it is mentioned that the 2 vacancies against which the petitioners were appointed arose due to retirement of one Dr.Abraham Varghese and one Smt. Mariamma Abraham on 31.03.2010 and 31.03.2011, respectively. There remained 3 vacant posts in the Department of Chemistry when the selection was conducted and the Rank List was prepared. The first rank holder Dr.Neema Ani Mangalam was appointed against the first vacancy. During validity of the Rank List the petitioners were appointed against the vacancies which arose subsequently. The 6th respondent had produced Ext.R6(a), copy of the Rank List. The 6th respondent had also produced Ext.R6(b) and R6(c) Government Orders clarifying the position that the vacancies which are arise during validity of the Rank List can be filled up by candidates included in the Rank List. It is pointed out that, in Ext.R6(c) the Government have specifically clarified that, eventhough the Government is issuing orders nominating representatives to the staff selection committee by specifying the number of vacancies that exists in the College, based on the claim of the Manager, the vacancies which arose within the period of expiry of the Rank List can be filled up from the list, subject to conditions prescribed by the Government strictly in accordance with the seniority and after verification of vacancies and the workload. According to respondents 6 and 7 the appointments were made strictly in accordance with the conditions stipulated in Ext.R6(c) and that the University had approved the appointment after verifying the staff strength and finding that there were vacancies existing.