PRASANTH S PAI Vs. PRINCIPAL

JUDGEMENT

(1.) The dispute raised for consideration in these writ petitions is with regard to the approval of appointment of the petitioners as Assistant Professor in Commerce in the Sanatana Dharma College. It is submitted that two vacancies of Assistant Professors arose in the College, one on account of promotion and another on account of a retirement. The petitioners in these writ petitions were appointed against those vacancies following the procedure prescribed in the Kerala University Act and the Statutes and after appearing for interview before a duly constituted selection committee. The petitioner in W.P(C).No.21720 of 2014 was appointed on 8.7.2013 against the promotion vacancy and the petitioner in W.P(C).No.31681 of 2014 was appointed on 2.9.2013 against the retirement vacancy.

(2.) The appointment of the petitioner in W.P(C).No.21720 of 2014 was approved by the University by Exhibit P4 order. However, thereafter, the Government passed Exhibit P12 order dated 18.7.2014 stating that there is no sufficient workload to approve the appointment of the petitioner and therefore the Manager was directed to retrench the service of the petitioner. Pursuant thereto, Exhibit P11 order of retrenchment was issued by the Manager, which is under challenge in the writ petition. It is stated that pursuant to the interim order issued by this Court, the petitioner is being paid salary. W.P(C).No. 17534 of 2015 is filed seeking a direction to quash Exhibit P6 and also for a direction to the 3 rd respondent to permit the petitioner to continue his orientation course/refresher course as envisaged by the UGC and grant all available benefits attached to such participation to the petitioner. The appointment of the petitioner in W.P(C).No.31681 of 2014 against the retirement vacancy on 2.9.2013 was refused to be approved by Exhibit P5 by the University stating that the post against which the incumbent has been appointed is not sanctioned by the Government and there is only a balance of four hours as per the Post Adalath Review, 2002.

(3.) Heard the learned Senior Counsel appearing for the petitioner in W.P(C).No. 31681 of 2014, learned counsel appearing for the petitioners in W.P(C).Nos.21720 of 2014 and 17534 of 2015, learned counsel appearing for the management, learned counsel for the University and the learned Government Pleader.