Kerala High Court
The Director Of Collegiate Education vs S.Anandakuttan Nair on 29 February, 2012
Author: C.N. Ramachandran Nair
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
WA.No. 1306 of 2012 () IN WPC/27691/2008
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AGAINST THE JUDGMENT IN WPC.27691/2008 DATED 29-02-2012
APPELLANT(S)/APPELLANTS/RESPONDENTS 1 AND 2 IN W.P(C):
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1. THE DIRECTOR OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM.
2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
ERNAKULAM.
BY GOVERNMENT PLEADER SRI.LIJU.V.STEPHEN.
RESPONDENT(S)/PETITIONER AND 3RD RESPONDENT IN W.P.(C):
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1. S.ANANDAKUTTAN NAIR
SELECTION GRADE LECTURER, DEPARTMENT OF COMMERCE
N.S.S. COLLEGE, RAJAKUMARY
IDUKKI DISTRICT.685 619.
2. THE EDUCATION SECRETARY
N.S.S. COLLEGES, CENTRAL COMMITTEE
CHENGANACHERY-686 101.
BY ADVS. SRI.K.R.B.KAIMAL (SR.)
SRI.B.UNNIKRISHNA KAIMAL
SRI.P.GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10-08-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
amk
C.N. RAMACHANDRAN NAIR, J.
&
C.K. ABDUL REHIM, J.
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W.A. No. 1306 OF 2012
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DATED THIS THE 10th DAY OF AUGUST, 2012
J U D G M E N T
Ramachandran Nair, J:
The short question raised is whether a senior Lecturer transferred from Changanassery by the management to their another college at Rajakumari also an aided college could be declined salary for the reason that no approved post was there at Rajakumari. Appellants have no case that the Lecturer concerned was not working in the college in which he was transfered. Government Pleader has a case that the management has maintained more than the required staff strength in the Commerce Department at Changanassery where from the 1st respondent was transferred to Rajakumari and later re-transferred to Changanssery.
2. The excess staff arose not only in one college in Changanassery but in several colleges in the State when W.A No.1306/2012 -2- Pre-Degree was delinked, but the Government senselessly allowed those Lecturers in Pre-Degree section to remain idle in those colleges which could have been avoided by transferring junior lecturers to higher secondary schools, so that they could return to colleges in retiring vacancies. This is a strategic mistake committed by successive Governments which cannot be corrected by victimising one or two teachers here and there. We therefore dismiss the writ appeal as devoid of any merit.
Sd/-
C.N. RAMACHANDRAN NAIR, JUDGE.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge