G VALSALA DEVI Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THE writ petition is filed mainly with the following prayer:- "To issue a writ of certiorari or other appropriate writ direction or order quashing Ext.P2 and directing the 2nd respondent to approve the salary bill of the petitioner which was sent by the 4th respondent for the payment of salary of the petitioner." As per Ext.P2, the Deputy Director of Collegiate Education refused to counter sign the salary bill of the petitioner on the ground that there was no sufficient work load available in the college. It is the contention of the petitioner that based on Exts.P6 and P7 Government Orders and the factual position as explained by the Adalath in Ext.P3, the Head of the Department in Ext.P4 and the Principal in Ext.P5, there is sufficient work load available. On 9.6.2006, this court passed the following order :- "THE Deputy Director of Collegiate Education, Ernakulam shall file a proper counter showing the working hours of the University and whether the petitioner's College is entitled to appoint a 6th teacher in the college. THE counter affidavit shall also show whether any empowered committee has enquired into the matter or taken decision in calculating the working hours of the college. This shall be done within 3 weeks from today." THEre is no counter affidavit till date. It is fairly clear from the Government Orders, Exts.P6 and P7 that in the factual back ground of the case where there are 10 excess hours which do not take in the self-financing course, if any, the petitioner is entitled to succeed. Ext.P2 is quashed and the writ petition is allowed. THEre will be a direction to the second respondent to approve the salary bill of the petitioner as forwarded by the 4th respondent as per Ext.P1. THE needful shall be done within a period of two months from the date of production of a copy of the judgment.