STATE OF KERALA REP. BY ITS SECRETARY, HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM Vs. SR. JASEENTHA M.O, LECTURER, DEPARTMENT OF BOTANY, CARMEL COLLEGE, MALA, THRISSUR DISTRICT

JUDGEMENT

(1.) Challenge in the appeal is to the legality of the judgment rendered by the learned Single Judge dated 14th Aug. 2014 in writ petition No.24085 of 2010, filed by the respondent (hereinafter referred to as Petitioner) claiming salary for the period she worked as junior lecturer in Carmel college, Mala. The appellants (hereinafter referred to as respondents) in the appeal are the respondents 1 to 3 in the writ petition and the respondents 4 to 6 in the writ petition are respondents 2 to 4 in the appeal.

(2.) Factual position in a nutshell are as follows: The petitioner was appointed as a Junior Lecturer in the Department of Botany in Carmel College, Mala, a private aided college affiliated to Calicut University as per an order dated 18.1.1997. She was holding M.Sc. Botany, M.Phil Botany and B.Ed at the time of her appointment as Junior Lecturer. Her appointment by Ext. P1 was approved by the 3rd respondent as per Ext. P2 on 12.5.1998. While she was working in the college, the Pre-Degree course was delinked from colleges resulting in excess teaching and non- teaching staff and therefore excess staff were directed to be deployed to Higher Secondary Schools, as per Ext. P3 Government order dated 5.10.2000. Thereafter, the 2nd respondent issued an order on 18.7.2002, fixing the work load in respect to the college where she was working and as per Ext. P4 order, three (3) posts were sanctioned in the Department of Botany and out of the same, the number of teachers are one (1) Lecturer and one (1) Junior Lecturer and they are one Uma Maheshwari (Lecturer) and the petitioner (Junior Lecturer). Later, the 2nd respondent directed to fill up the post by redeploying a Junior Lecturer and this petitioner was continuing as Junior Lecturer in the department. The third post was not filled up. In the year 2008, she acquired Ph.D. and after that her service was regularised as Lecturer on 24.11.2008 by the University by Ext. P6 order. She was paid salary up to the month of Nov., 2001. Thereafter salary was not paid till she was regularised as Lecturer in the Department of Botany, after acquiring Ph.D. on 24.11.2008. Hence ,this writ petition claiming salary for the period of 84 months from Nov., 2001 till Oct. 2008.

(3.) The 3rd respondent in the counter affidavit contended that the appointment of the petitioner as Junior Lecturer, was approved but when the Pre-degree was delinked, she was liable to be terminated. Hence the salary from Nov. 2001 was withheld and she had no privilege to continue as Junior Lecturer, from Nov. 2001 onwards. Her appointment as Lecturer in the Department of Botany was approved by the Calicut University only with effect from 24.11.2008 after she acquired Ph.D in the year 2008. Hence she is not entitled to claim arrears of salary for the period from Nov. 2001 to Oct. 2008 as she had worked in a non existing post.