FR. JOHN JOSEPH Vs. THE MANAGER,

JUDGEMENT

(1.) THE petitioner who is working as Selection Grade Lecturer in Syriac in the first respondent's college, is aggrieved by the refusal to disburse salary and other benefits in the promoted post of Senior Grade Lecturer with effect from 26.9.2000. The main contention raised in the writ petition is that as the University has granted approval for the appointment of the petitioner as Lecturer and later his promotion as Lecturer Senior Grade, the Government cannot refuse to disburse the salary. Reliance is placed on two Division Bench decisions of this Court in Cherian Mathew v. Principal, S.B. College, Changanacherry, 1998 (2) KLT 144 and Shalini Rachel v. Manager, Christian College, 2007 (3) KLT 355.

(2.) THE bare facts for the disposal of the writ petition are the following: The petitioner was selected and appointed as Lecturer with effect from 26.9.1994 by a statutory selection committee after due process of selection. He was appointed in one of the two sanctioned posts for the subject in Syriac. His appointment was in the retirement vacancy of Fr. Thomas Kanjirathumootil. The approval has been granted by the University for the said appointment as per Ext.P1(a). He was promoted as Senior Grade lecturer with effect from 26.9.2000 by the management and the same was approved by the University as per Ext.P2 dated 4.8.2007. Later, by Ext.P3 he was promoted as Lecturer Selection Grade also. After Ext.P2 approval was granted, the Principal submitted the proposal for the claim and disbursement of salary in the post of Lecturer Senior Scale which is evidenced by Ext.P4. Ext.P5 is the request forwarded by the petitioner to the Deputy Director of Collegiate Education seeking disbursement of salary and by Ext.P5(a) it was informed that the matter is under consideration by the Director of Collegiate Education. The petitioner is relying upon Exts.P6 and P6(a) judgments of this Court wherein, this Court after following the dictum laid down in Cherian Mathew's case, 1998 (2) KLT 144, directed the disbursement of salary to the petitioners.

(3.) THE University in its counter affidavit, has pointed out that the University granted approval of appointment as Lecturer in Syriac before the implementation of the U.G.C. Regulations. He had completed six years of service and had attended one orientation course and one refresher course. It is also averred that the University did not receive any objection regarding the validity of the approval granted, at that point of time.