REJEE ITTIYERA Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of non-disbursement of salary to the petitioners by the Government, though the Mahatma Gandhi University has granted approval to their appointment, and the question emerges for consideration is, whether once approval is granted by the University, whether the State Government is vested with powers to detain salary. Therefore, I heard them together and propose to deliver this common judgment.

(2.) Petitioner in W.P.(C) No.30153 of 2014 was appointed by the Corporate Manger of S.N.M College, Maliankara, Ernakulam District, which is an aided College coming under the direct payment system, as Assistant Professor in Mathematics in a retirement vacancy. The selection was conducted by the Select Committee with a Government nominee. The appointment of the petitioner was approved by the University as per Ext.P3. From Ext.P3, it is evident that petitioner was appointed in a substantive vacancy due to the retirement of one P. Salimkumar on 31.03.2011 on and with effect from 10.09.2012. However, the Deputy Director of Collegiate Education, Ernakulam i.e., the

(3.) rd respondent declined recognition of the approval. Petitioner has produced Ext.P5 list of teachers in Mathematics in the College and Ext.P5(a) allocation of teaching work of the teachers in Mathematics. The workload details in the Mathematics Department is produced as Ext.P5(b) and other details are also produced by the petitioner. 3. According to the petitioner, Exts.P5 to P5(c) would show that there is sufficient workload for accommodation of the petitioner since his appointment. The said documents were produced before the 3rd respondent, however, the 3rd respondent addressed the 2nd respondent, i.e., the Director of Collegiate Education, Thiruvananthapuram seeking clarification, evident from Ext.P6. The 6th respondent Management has also approached the 2nd respondent for approval of appointment, evident from Ext.P8. However, no action was initiated by the respondents to grant recognition and then to disburse the salary to the petitioner.