LAWS(KER)-1987-9-50

GERTRUDE FERNANDEZ Vs. STATE OF KERALA

Decided On September 02, 1987
Gertrude Fernandez Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner in U.P. No. 2847 of 1979 is the appellant. The only question that arises for consideration is whether the petitioner is entitled to salary for the months of April/May, 1974. She was appointed as a Junior Lecturer in the Fathima Matha National College. Quilon on 4-2-1974, in a leave vacancy. That vacancy existed till 15-1-1977. She was not paid salary for the months of April/ May. 1974, the vacation period in the academic year 1973-74. By Ext. P4 letter dated 18th. Jan. 1979. the 3rd respondent, the Registrar of Kerala University, informed the 4th respondent, the Principal of the College, that the petitioner was not entitled to vacation salary during April/May 1974. To the same effect the 2nd respondent, the Deputy Director of Collegiate Education, sent Ext. P5 communication on 31-5-1979 to the 4th respondent. The petitioner represented before the 3rd respondent that she may be permitted to have the salary for the months of April/May, 1974. That request was turned down by Ext. P7 letter dated 30-5-1979. The petitioner thereafter approached this Court for quashing Exts. P4, P5 and P7. A learned single Judge by judgment dated 16-6-1981, dismissed the Original Petition holding that she is not entitled to vacation salary. After considering the effect of Statute 16 in Chap. 49 of Kerala University First Statutes, the learned Judge observed:

(2.) The learned counsel appearing for the appellant submits that the appellant was appointed as Junior Lecturer from 4-2-1974 to 15-1-1977. The entire length of that period should be taken as one block for deciding the question as to whether she is entitled to salary during vacation. In other words, the argument is that the entire period during which the petitioner worked should not be disintegrated into various academic years for deciding the question as to whether she is entitled to salary for the months of April/May 1974. This having not been done by the learned Judge, it is contended that the decision has to he reversed.

(3.) The relevant provision dealing with the payment of salary during vacation to the teachers is Statute 16, in Chapter 49 of the Kerala University First Statutes, 1972. The said provision reads as follows: