STATE OF KERALA Vs. ARUN GEORGE

JUDGEMENT

(1.) QUESTION that is posed for consideration in these cases is whether the State Government is legally obliged to pay salary and other allowances to the teachers who were appointed by the Management, for the graduate and post-graduate courses started by them on the strength of Ext. P-2 and P-2 (a) orders.

(2.) LEARNED Judge Sri K. K. Denesan allowed W. P. (C.) 482/2005 and issued a writ of mandamus directing the State Government to pay the salary and other allowances for the teachers appointed by the Management, aggrieved by the same, WA. 2529/2005 has been preferred by the State. Learned Single Judge took the view that the unilateral condition imposed by the Government that it would not bear any financial burden cannot be sustained. Learned Judge also held that non payment of salary would violate bipartite agreement entered into between the Government and other managements which finds statutory support from the provisions of the University Act and Statutes. Another learned Single Judge of this Court Sri K. M. Joseph in W. P. (C.) 7549/2004 however took a contrary view stating that there is no obligation on the part of the Government to sanction the appointment of Lecturers merely because the Course has been sanctioned, and that the obligation would depend on the conditions that are imposed at the time of sanctioning the courses.

(3.) IN view of the conflicting views expressed by the two learned Judges of this Court, it is necessary for us to examine various contentions raised before us to resolve that conflict and to render an authoritative pronouncement on the issues raised. For disposal of these cases, we may refer to the facts in W. P. (C.) 482/2005. Eighth petitioner in W. P. (C.) 482/2005 has started various graduate and post graduate courses on the strength of Exts. P-2 and P-2 (a) orders issued by the Government. Ext. P-2 is the Government Order No. G. O. (Ms.)134/98/h. Edn. , dated 9-11-1998. Government had accorded sanction on the requests made by the eighth petitioner and other managements for starting new courses in the year 1998-1999 in the affiliated Arts and Science Colleges in the State. Details of the new courses are shown in the appendix attached to that order. Operative portion of Ext. P-2 order reads as follows: