THAMPY CHERIAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner before us has been functioning as a part-time Lecturer in law in a private college-Mar Athanasius College, Kothamangalam from 1967 onwards He was initially appointed to the said post as per Ex- P 1 on 11th Sept., 1967. Later, the petitioner was confirmed in the post of part-time Lecturer on 11th Sept., 1968 as per Ex, P 2. The salary that was originally attached to the post of part-time Lecturer in the College was Rs 200 per month. In Sept. 1973 there was a slight enhancement, as a result of which the petitioner's salary became Rs 203 per month.

(2.) In the meantime Government assumed the responsibility for direct payment of salaries to the teaching staff of private colleges as per order G O Ms 132/73/Edn. dated 4-9-1973 (Ex R 1). Subsequently the Association representing part-time Lecturers of Private Colleges appears to have made representation to the Government requesting for improvement of their service conditions. After considering 'his representation, the Government passed an order G. O. Ms. No. 141/74/H Edn dated 24-9-1974 (Ex. P 3), whereby the part-time Lecturers working in private colleges were made eligible for a consolidated remuneration of Rs. 250 per month without any allowances including D. A. This benefit of enhancement in remuneration was, however, made subject to the condition that part-time Lecturers would not be eligible for emoluments during the vacation unless they work during that period. The petitioner has been admittedly drawing the enhanced remuneration at the rate of Rs. 250 per month on the strength of Ex- P 3.

(3.) The contention of the petitioner is that the Government acted illegally and without jurisdiction in incorporating in Ex- P 3 the condition that part time Lecturers will not be eligible for emoluments during the vacation. In support of this contention reliance was sought to be placed by the petitioner on Statute No 16 of Chapter 49 of the Kerala University First statute, 1972. which states that a permanent teacher or teacher on probation employed in private colleges shall be entitled to full salary during vacation. The fallal v in this argument is that it omits to the note of the crucial effect of the definition of the express 'teacher' contained in Statute No. 1. The definition of the expression 'teacher' contained in Statute No. 1 of the said Chapter takes in only teachers imparting instruction on a full time basis in a private college affiliated to the University thus making it clear that none of the provisions contained in that Chapter will apply to Lecturers employed on parr-time basis. Statute No. 16 of Chapter 49 cannot, therefore, be of any assistance to the petitioner in the matter of sustaining his plea for entitlement to vacation salary.