STATE OF KERALA Vs. BINDU JOHN

JUDGEMENT

(1.) This appeal is filed against the order dated 23.02.2018 in W.P.(C)No.1788/2018. The State and its authorities have preferred this appeal, inter alia, contending that the learned Single Judge committed serious error in issuing the following directions:

(2.) There is no dispute about the facts involved in this case. The 1st respondent/petitioner was appointed in a leave vacancy in the College managed by the third respondent herein for a period from 03.12.2008 to 02.12 2012. Later, she was appointed to the post of Assistant Professor in Malayalam on 10.12.2014 as per Ext.P6. Though claims were made for salary, the University by Exts.P11 and 12 had rejected the same, stating that her appointment was not in a sanctioned post in terms of Section 57 (1) of the Kerala University Act, 1974.

(3.) It is submitted that as per Ext.P3 dated 20.03.2012, the total teaching hours in Malayalam was considered as 18 and the same was increased to 27 as per the University order dated 09.05.2013 and one more post was added. As per Ext.P9 order dated 27.11.2017, the number of teaching hours in Malayalam was increased to 31. The contention urged by the 1 st respondent/petitioner is that in so far as the University had approved in Ext.P4 that the permissible number of teachers is two,which is again re-fixed in terms of Ext.P9, her appointment in the additional post created by Exts.P4 and P9 is justifiable. For that reason itself, she is entitled for salary which had been wrongly denied by the University and the Government.