Kerala High Court
Ansamma John vs State Of Kerala on 20 February, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940
WP(C).No.17010 of 2011
PETITIONER/S:
ANSAMMA JOHN, LECTURER (SENIOR SCALE), DEPARTMENT OF
COMPUTER SCIENCE AND ENGINEERING, T.K.M.COLLEGE OF
ENGINEERING, KOLLAM-691 005.
BY ADVS.
SRI.ELVIN PETER P.J.
SMT.POOJA SURENDRAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM, PIN-695001.
3 THE CHAIRMAN, GOVERNING BODY, T.K.M.COLLEGE OF
ENGINEERING, KOLLAM-691 005.
4 UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED
BY ITS REGISTRAR.
BY ADVS.
SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA
SMT.M.C.BINDUMOL
SRI.GEORGE POONTHOTTAM, SC, KERALA UTY.
SRI.M.RAJAGOPALAN NAIR
SRI.N.SUGATHAN
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17010/2011 2
JUDGMENT
The petitioner was appointed as Assistant Professor of Computer Science and Engineering with effect from 23.07.2004 to 24.07.2007 in a vacancy had arisen consequent upon the incumbent availing deputation under Quality Improvement Programme Scheme.
2. As seen from Ext.P1 Government Order dated 02.05.1983, the vacancies consequent on the deputation of teaching staff for higher studies under Quality Improvement Programme can be filled up. The Government, however, changed the policy in the year 2008. As per Ext.P5 order dated 24.5.2008, such vacancies cannot be filled up as the Government fear that it would result in double payment.
3. The learned Government Pleader submits that two teachers will have to be paid; one is under the QIP Scheme and the other is for filling up the vacancy consequent upon deputation.
4. Anyhow, the petitioner's appointment was prior to the Government Order, produced as Ext.P5. It is to be noted that the University WP(C).No.17010/2011 3 approved the appointment. In such circumstances, I am of the view that the petitioner is entitled for salary. I do not find any reason to reject the claim of the petitioner. The Government itself changed the policy only in the year 2008 much after the petitioner's appointment. Needful shall be done to pay the salary within a period of four months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.17010/2011 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER G.O. DATED 2.5.1983 ISSUED BY THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 23.7.2004 OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER G.O. DATED 24.11.2006 ISSUED BY THE GOVERNMENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.10.2008 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER G.O. DATED 24.5.2008 ISSUED BY THE GOVERNMENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 30.3.2011 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE