High Court of KeralaDivision BenchW.P.C. No. 21840/2009 dismissed; W.P.C. No. 382...

Manager St. Thomas College, Palai & Kerala Private College Managements' Association v State of Kerala & Others

Case / Petition Number:WP(C) Nos. 21840/2009 c/w 38220/2010

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.K. Jayasankaran Nambiar
  • Mohammed Nias C.P.
Judgment Date
2022-02-03
Court Decision / Holding
WP(C) No. 21840/2009 is dismissed; WP(C) No. 38220/2010 is allowed. Exts. P17 and P18 are sustained. The Government is directed to quantify and pay the sums due to the petitioner in WP(C) No. 38220/2010 within four months, with notional benefits to be provided from Ext. P18’s date. The Government may recover such payments from the management under the Revenue Recovery Act or by set-off from college funds. Notwithstanding the above, the 6th respondent is deemed to be redeployed in terms of Ext. P18 and existing government orders, subject to qualification attainment within two years. The judgment notes the binding effect of government directives on colleges under direct payment agreements and cites Cochin College v. Ajith Kumar K. as supportive authority.
Final Disposition
W.P.C. No. 21840/2009 dismissed; W.P.C. No. 38220/2010 allowed.

Parties to the Case

Appellants / Petitioners

  • Manager, St. Thomas College, Palai
  • Kerala Private College Managements' Association, represented by its General Secretary Fr. Mathew Maleparambil BVM Holy Cross College, Cherupunkal, Palai

Respondents

  • State of Kerala and Others
  • Secretary to Government, Department of General Education, Government Secretariat, Thiruvananthapuram
  • Director of Collegiate Education, Thiruvananthapuram
  • Director of Higher Secondary Education, Thiruvananthapuram
  • Mahatma Gandhi University, represented by its Registrar, Athirampuzha, Kottayam
  • Johny Joseph, Junior Lecturer, Government Higher Secondary School, Palai

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Babu Varghese (Sr.)
  • • Sri. C.V. Alexander

Counsels for Respondents

  • • Senior Government Pleader Sri Premchand R. Nair
  • • Sri Surin George Ipe SC for MG University

Case Synopsis & Summary

This batch of connected writ petitions arises from Exts. P17 and P18, by which teachers deployed from private aided colleges to Government Higher Secondary Schools were directed to be absorbed in permanent vacancies in the colleges as per their qualifications. The petitioners challenge the de-linking of pre-degree from colleges and the creation of a redeployment framework that, in their view, overrides University statutes and the earlier direction by this Court to settle the matter within two months. The background traces to the UGC scheme implemented in Kerala in 1990, which led to the creation of the ‘Junior Lecturers (Pre-degree)’ category, the abolition of pre-degree posts in colleges by the Pre-degree Abolition Act, 1997, and subsequent government orders (Exts. P5–P15) guiding redeployment and salary arrangements under a direct-payment system. The 6th respondent, Johny Joseph, seeks continued employment through redeployment, while the State contends the public interest, social obligation, and avoidance of financial burden justify the orders. The High Court, after considering the line of orders and authorities, held that Exts. P17 and P18 are binding and the government may direct redeployment and salary payments; it dismissed WP(C) No. 21840/2009, and allowed WP(C) No. 38220/2010 granting redeployment and back-pay, with recoveries from college management where applicable. The judgment emphasizes government authority to bind private colleges in this context and cites prior rulings including Cochin College v. Ajith Kumar K. (2014 KHC 650).

Provisions of Law Cited

Pre-degree Abolition Act, 1997Revenue Recovery ActUniversity Act and Statutes

Legal Doctrines & Maxims

  • Government can bind the college with its directions and directives (Cochin College v. Ajith Kumar K. & Others, 2014 KHC 650)
  • A direct payment agreement binds the college to comply with Government Orders

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Exts. P17 and P18, issued on 1-7-2009 and 22-7-2009 respectively, seek to redeploy teachers already deployed to Government Higher Secondary Schools back to private aided colleges. They emphasize the de-linking of the pre-degree course and lack of express provision for Junior Lecturers (Pre-degree) within the University Act. They highlight prior orders (Exts. P4–P6, P9–P15) and the University’s stance on appointments, arguing the Government cannot unilaterally re-allocate teaching posts against the terms of direct payment agreements. They pray for quashing Exts. P17 and P18 and protection of college autonomy and existing statutory arrangements.

Contentions of Respondents

The respondents submit that redeployment is in public interest and social obligation, considering vacancies and the need to align resources; the government allowed deployed lecturers to retain employment in colleges if they acquire necessary qualifications within two years, and directed redeployment to parent colleges where vacancies exist, with salary paid by the state under a direct-payment framework. They contend that the government’s actions are justified by public welfare and financial considerations, and that the petitioners’ objections do not negate the necessity of redeployment.

Cited Precedents (7)

Case NameCitationTreatmentExplanation
Cochin College v. Ajith Kumar K. and Others2014 KHC 650PositiveCourt relied on this decision to uphold government binding directives on private colleges and the validity of direct payment arrangements.
O.P. No. 7239/97O.P. No. 7239/97Mentioned OnlyListed in Appendix; no substantive treatment in the reasoning.
O.P. No. 2797/2003O.P. No. 2797/2003Mentioned OnlyReferenced regarding the rights/claims of deployed lecturers; not explicitly treated on its merits here.
W.A. No. 1318/2001W.A. No. 1318/2001Mentioned OnlyCited in Appendix for context; not central to the judgment's reasoning.
W.A. No. 3568/2001W.A. No. 3568/2001Mentioned OnlyReferenced in Appendix; not directly analyzed in judgment.
O.P. No. 33521/2002O.P. No. 33521/2002Mentioned OnlyCited as part of prior related judgments; not shown as relied upon in the decision.
O.P. No. 25616/2001O.P. No. 25616/2001Mentioned OnlyAppendix citation; no explicit discussion in this judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **THURSDAY, THE 3RD DAY OF FEBRUAARY, 2022/20TH MAGHA, 1943** ## **WP(C) NO. 21840 OF 2009** ## **PETITIONER/S:** |1|MANAGER ST.THOMAS COLLEGE,| |---|---| ||PALAI.| |2|KERALA PRIVATE COLLEGE MANAGEMENTS'| ||ASSOCIATION, REPRESENTED BY ITS GENERAL,| ||SECRETARY, FR.MATHEW MALEPARAMBIL BVM HOLLY,| ||CROSS COLLEGE, CHERUPUNKAL P.O., PALAI.| ||BY SR. ADVOCATE SRI.BABU VARGHESE| ||AND ADVOCATE SRI.C.V.ALEXANDER| |**RESPONDENT/S:**|| |1|STATE OF KERALA AND OTHERS| ||REPRESENTED BY THE PRINCIPAL SECRETARY TO,| ||GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION,,| ||GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.| |2|THE SECRETARY TO GOVERNMENT| ||DEPARTMENT OF GENERAL EDUCATION,, GOVERNMENT| ||SECRETARIAT, THIRUVANANTHAPURAM.| |3|THE DIRECTOR OF COLLEGIATE EDUCATION| ||VIKAS BHAVAN P.O., PMG JUNCTION,,| ||THIRUVANANTHAPURAM.| |4|THE DIRECTOR OF HIGHER SECONDARY| ||EDUCATION, HOUSING BOARD BUILDINGS,, SANTHINAGAR,| ||THIRUVANANTHAPURAM.| |5|THE MAHATMA GANDHI UNIVERSITY| ||REPRESENTED BY ITS REGISTRAR,, PRIYADARSHINI| ||HILLS P.O., KOTTAYAM.| |6|JOHNY JOSEPH| ||JUNIOR LECTURER, GOVERNMENT HIGHER, SECONDARY| ||SCHOOL, PALAI.| ||BY ADVS.| ||SENIOR GOVERNMENT PLEADER SENIOR SRI. PREMCHAND R. NAIR| ||ADV. SRI.P.C.SASIDHARAN FOR THE 6TH RESPONDENT| ||ADV. SRI. SURIN GEORGE IPE SC FOR MG UNIVERSITY| |THIS WRIT PETITION (CIVIL) HAVING COME UP FOR|| |ADMISSION ON 21.12.2021 ALONG WITH W.P.C.38220/2010 THE|| |COURT ON 03-02-2022 DELIVERED THE FOLLOWING:|| -2- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **THURSDAY, THE 3RD DAY OF FEBRUAARY, 2022/20TH MAGHA, 1943** ## **WP(C) NO. 38220 OF 2010** ## **PETITIONER/S:** JOHNY JOSEPH LECTURER IN HISTORY, ST.THOMAS COLLEGE, PALA,, NOW ON DEPUTATION AS H.S.S.T, GOVERNMENT H.S.S.,, PALA, KOTTAYAM. BY ADV SRI.P.C.SASIDHARAN ## **RESPONDENT/S:** 1 STATE OF KERALA AND OTHERS SECRETARY TO GOVERNMENT, HIGHER EDUCATION, DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM695001. 2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,, THIRUVANANTHAPURAM-695 001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF, COLLEGIATE EDUCATION, KOTTAYAM-686 001. 4 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA,, KOTTAYAM-686 001. 5 THE MANAGER ST.THOMAS COLLEGE, PALA, KOTTAYAM-676 575. -3- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ADDL R6, MANESH VARGHESE JOHN S/O LATE C.V.JOHN, CHENCHERIL HOUSE, KANAKARY P.O. ADDL R6 IMPLEADED AS PER ORDER DATED 19-072012 IN IA 9639/2012 BY ADVS. SENIOR GOVERNMENT PLEADER SRI. PREMCHAND R. NAIR SRI.BABU VARGHESE (SR.) & ADV. SRI.C.V.ALEXANDER FOR THE 5TH RESPONDENT ADV. SRI. SURIN GEORGE IPE SC FOR MG UNIVERSITY **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2021 ALONG WITH W.P.C. 21840/2009, THE COURT ON 3-2-2022 DELIVERED THE FOLLOWING:** -4- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ## **A.K. JAYASANKARAN NAMBIAR, & MOHAMMED NIAS C.P, JJ.** **…....................................................................** ## **W.P. (C )Nos. 21840 of 2009 c/w. 38220 of 2010** **….......................................................................** ## **Dated this the 3[rd] day of February, 2022** ## **JUDGMENT** ## **Mohammed Nias C.P. J.,** This Writ Petition (W.P.C. No. 21840 /2009) is filed by the Manager of an aided College and the Association of the Managers of the Aided Private Colleges in the State. They challenge Exts. P17 and P18 orders by which the teachers including the sixth respondent herein, Johny Joseph, deployed to the Higher Secondary Division were directed to be absorbed in the permanent vacancies in the colleges subject to their qualifications. The petitioners submit that the UGC Scheme was implemented in the State vide Government Order dated 23-3-1990 inter-alia stipulating that those who were appointed to the vacancies in the pre-degree classes after the issuance of the said -5- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 order will be eligible to take classes to the pre-degree courses only in future and that they will not be eligible to take classes for the degree courses. The qualification and the method of recruitment were also decided by the Government. Accordingly, the Government created a new category of teachers i.e. “Junior Lecturers (PreDegree)” and the first petitioner appointed 11 Junior lecturers (Predegree) mentioned in Ext. P2 list. The appointments of these Junior Lecturers were not approved by the University on the ground that there were no such posts provided for under the laws of the University. The aggrieved teachers approached this Court wherein the Government was directed to settle the issue within two months as per Ext. P4 judgment. In compliance thereof, the Government issued Ext. P5 authorising the Deputy Directors of Collegiate Education concerned to accord approval for the appointment of Junior Lecturers made by the Private Colleges only for the purpose of disbursement of salary till they are suitably re-deployed to Higher Secondary Schools on predegree linking. Accordingly, the approval order in favour of the 6[th] respondent was made by the 3[rd] respondent herein vide Ext. P6 order. 2. In the meantime, the Pre-degree Abolition Act, 1997, -6- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 came into force by which the appointments in colleges were banned for three years from 3-7-1997 onwards with the intention of completely de-linking pre-degree from the colleges within such time. The Government, thereafter formulated a scheme Vide G.O. MS No. 145/00/H.Edn. dated 5/10/2000 (Ext. P7) for deploying and deputing excess teachers in colleges and invited options from the Junior Lecturers. Later by G.O. Dated 5-09-2002 marked as Ext. P13, in order to safeguard the interest of the Junior Lecturers, Government ordered as follows: i) Junior Lecturers (Pre-degree) now working in the Colleges should be retained in the Colleges where there are vacancies of teachers as found by the Director of Collegiate Education. ii) Such teachers should acquire the prescribed qualification within a period of two years and they should be given preference in appointment as Lecturers in future vacancies in the Colleges. Iii) Junior Lecturers (Pre-degree) who are continuing in Colleges where there are no vacancies should be re- -7- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 deployed to Higher Secondary Schools. If the same management has Higher Secondary Schools, these teachers should be deployed to such schools. This was challenged by the petitioners as well as the other managers of the private colleges which finally culminated in Ext. P14 judgment dated 24-6-2004 in OP. No.33521 of 2002 and connected cases . 3. Pursuant to the direction in the said judgment, the Government again re-considered the entire matter and issued another order dated 22-2-2005 marked as Ext. P15 in the Writ Petition. However, the petitioners submit that in utter disregard to the earlier Government orders and the judgments of this Court, Government issued orders Ext. P17 on 1-7-2009, directing the managements of the Private Colleges to appoint teachers already deployed to the Government Higher Secondary Schools. Pursuant to the said order, the 4[th] respondent issued proceedings Ext. P18 dated 22-07-2009 to redeploy plus two teachers to the petitioners' colleges including Johny Joseph, the petitioner in W.P. (C ) No. 38220 of 2010. It is Exts. P17 and P18 that are challenged in this Writ Petition. This Court stayed the operation of the above proceedings in respect of the 1st -8- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 petitioner's college regarding redeployment of the 6[th] respondent as per order dated 3-08-2009. 4. The Government has filed a counter specifically stating that several deployed lecturers have been thrown out of service for want of vacancies and that various college managements were making fresh appointments without considering the deployed lectures and thus the Government had to shoulder huge financial burden on this account. It was in public interest that the Government order is issued also taking into account the social obligation involved in the matter. It was after discussion with the private college managements that it was decided to give preference to the deployed Lecturers will be given preference in appointment when they acquire the requisite qualification in the college and it is only a few who are making complaints. 5. The 6[th] respondent herein (Writ Petitioner in 38220 of 2010) who was directed to be deployed to the College has also filed a detailed counter affidavit specifically pointing out that he is qualified and that his appointment was not approved only because of the prohibition in terms of the pre-degree post abolition Act at that point -9- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 of time and that the relevant Government Order dated 5-9-2002 marked as R6 (a) along with the counter affidavit clearly declares the right that the Junior Lecturers to return to the parent colleges. It is a further contention of the 6[th] respondent that they had a right to be deployed even as per the judgment in R6 (b) in O.P. No. 2797 of 2003 dated 11-02-2003. It was stated that the petitioners have no locus to challenge the Government Order when the Government is the pay master. It was also stated that the petitioners cannot be heard to say that they will not comply with the Government Orders and that they will not absorb teaching post in duly selected and appointed in terms of the University Act and Statute in preference to another teacher by resorting to the method of direct recruitment from open quota. In that view of the matter, it was prayed that the the Writ Petition be dismissed. 6. Since W.P. (C) No. 21840/2009 filed by the College Management is connected to Writ Petition (C ) No. 38220/2010 filed by the teacher, both these cases are taken up together and disposed of by a common judgment. 7. We heard the learned Senior Counsel Sri.Babu Varghese, -10- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 instructed by the learned Counsel Sri. C.V. Alexander for the petitioner, the learned Counsel Sri. P.C. Sasidharan for the 6[th] respondent and the petitioner in W.P. (C ) No. 38220/2010, Standing Counsel for the 5[th] respondent Sri. Surin George Ipe and the learned Senior Government Pleader Sri. Premchand R. Nair. 8. Exts. P17 and P18, challenged in the Writ Petition were the continuation of a series of orders following the de-linking of the pre-degree course from Colleges when the Junior Lecturers were deployed to the Higher Secondary Schools and Vocational Higher Secondary Schools and the teachers were continuing as such. It was in the meantime, that the Government framed special Rules for the Higher Secondary school teachers and started direct recruitment through the Public Service Commission. Due to the continuance of the deployed Lecturers in schools, vacancies of teachers in higher secondary schools could not be reported to the PSC and the same had adversely affected the employment avenues of large number of educated youths. When direct recruitment process was continuing in the Higher Secondary Schools, there arose a state of affairs whereby the deployed lecturers were being thrown out of service for want of vacancies. Various college managements started making fresh -11- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 appointments without considering the deployed Lecturers leaving the Government to bear huge financial burden. It was in these circumstances, that the Government issued orders under challenge which as stated earlier was a continuation of the earlier orders issued on the subject. The Government had also taken into account the public interest at large as well as the social obligation involved. They had also allowed two years time to the under qualified Lecturers to acquire NET/PHD qualifications. Several discussions were made with the private college managements and the majority of the managements had informed that the deployed Lecturers will be given preference when they acquired the requisite qualification. It is only very few managements which did not comply with the Government Orders. We do not find any grounds raised in the Writ Petition as sufficient to invalidate Exts. P17 and P18. The 6[th] respondent whose name figures in Ext. P18 is fully qualified and the same is evident from the counter affidavit filed in W.P.C. 38220 of 2010, by the government. It is to be noted that the petitioner college having entered into an agreement with Government was bound to comply with the directions issued by them from time to time. We find no reason to interfere with Exts. P17 and P18. Accordingly this Writ Petition fails and is dismissed. -12- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ## W.P.C. No. 38220 of 2010 9. This Writ Petition is filed by the 6[th] respondent in W.P.C. 21840 of 2010. He submits that he is a post-graduate in four subjects and that he also possess the qualification of M.Ed. and secured the NET qualification conducted by the UGC and fully qualified and eligible to be appointed as Lecturer in any of the affiliated colleges in the State. It is the contention of the petitioner that on account of various Government Orders and the judgments of this Court, the petitioner was appointed to St. Thomas College, Palai , the Manager of which is impleaded as the 5[th] respondent. It was while the petitioner was continuing as an approved probationer due to the de-linking of the pre-degree courts and on account of the shortfall of workload that the petitioner was deployed as a Higher Secondary School Teacher in terms of the existing Government Orders. Petitioner claims that the Government issued specific orders directing to re-deploy the petitioner to the parent college as per Exts. P9 and P10, the Management did not re-deploy to the post . To challenge the said orders, W.P.C. 21840 of 2009 was filed in which an interim order was passed staying the operation of Exts. P9 and P10. Petitioner also challenged the attempt on the part of the college to make fresh appointments without re- -13- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 deploying the petitioners. It was also pointed out that the 5[th] respondent in violation of the Government Orders attempted to fill up the post by direct recruitment and one of the teachers in that Sri. C.J. Paul filed W.P.C. 15984/2009 before this Court wherein all proceedings were stayed by Ext. P11 interim order and that the facts of this case is one mentioned above. Thus, in Short, the action of the management in denying the right of the petitioner to get re-deployment and the attempt to issue fresh notification in violation of the Government orders were questioned. The petitioner sought a declaration that he will be deployed as in terms of the Government Orders in that behalf and also to quash Ext. P2 to the extent it notifying the post of Lecturer in History by recruitment. The 5[th] respondent has filed a counter opposing the prayers mainly contending that the petitioners is not qualified at all and in the absence of qualification, the petitioner cannot claim re-deployment. In the absence of qualification, the 5[th] respondent contends that no relief can be granted to the petitioner in W.P.C. 38220/2010. 10. The 3[rd] respondent, the Deputy Director of Collegiate Education has filed a counter affidavit stating that the 6[th] respondent -14- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 Sri. Johny Joseph, who was appointed as Junior Lecturer in History at St. Thomas College, Pala and subsequently deployed to the Government Higher Secondary School, Kottayam and later transferred to Government Higher Secondary School, Pala, as per the order dated 28-6-2003. He was relieved of his duties from Higher Secondary School, Pala, vide order dated 22-7-2009 by the Director of Higher Secondary Education. In the light of the Government Order dated 1-7-2009 in which it has been ordered that all teachers who are continuing in Government Higher Secondary Schools/Vocational Higher Secondary Schools consequent on the deployment from aided college shall be redeployed to their parent colleges against existing or ensuing vacancies, considering the seniority during the academic year 20092010 itself, subject to the following conditions: A. those who have been deployed to Government Higher Secondary/Vocational Higher Secondary Schools eventhough fully qualified to continue in colleges; but rendered surplus due to de-linking of Pre-degree courses from the colleges. B. Those who have acquired prescribed qualifications for the lectureship in colleges after taking appointment/deployment in Government Higher Secondary /Vocational Higher -15- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 Secondary Schools. Such teacher will draw salary in the State scales of pay until they get appointment against vacancies in their respective parent institutions. C. Those who have been deployed to higher secondary/vocational higher secondary schools but not at qualified for Lectureship in aided colleges. Such teachers shall clear NET or acquire Ph.D qualification in their subject within a period of two years. They shall draw salary in the state scales of pay until they get appointment against vacancies in their parent college. In case where a teacher fails to acquire prescribed qualification within the time frame, they will not be entitled to continue in service. 11. Viewed in this background, we hold that the 5[th] respondent Sri. Johny Joseph was fully qualified to be appointed as Lecturer in the vacancy that arose during the academic year 20102011 at St. Thomas College, Pala, his parent Institution. The Management was bound to obey these directions in view of the relevant University statues as well as the written agreement with the Government that direct the payment of salary under their staff. Thus, it is crystal clear that the petitioner had to be appointed as a -16- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 Lecturer in the vacancy aforesaid and the action of the college in not doing so is clearly illegal and the college would be made liable for the non-compliance there of the relevant Government Orders and the directions. 12. In this juncture it is apposite to note the judgment of this Court in [2014 KHC 650] Cochin College v. Ajith Kumar K. and Others, wherein this Court held that the Government can bind the college with its directions and directives. It was also held that the College being covered by a direct payment agreement was bound to comply with the relevant Government Orders issued from time to time. The petitioner though was eligible, was not given appointment and the said action of the management is unjustified. Because of this action of the college management, the petitioner was compelled to continue in the higher secondary school and was only the paid salary of higher secondary teacher. Going by the dictum laid down in the above Case Cochin College (supra), the Government is to pay the amounts due to the petitioner in the first instance and recover the same from the management. In the result, Writ Petition No. 38220/2010 is allowed and it is declared that the petitioner was entitled to get re-deployment in -17- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 terms of Ext. P18 Government Order which was wrongly refused by the college management. Respondent 1 to 3 or the competent among them will quantify the amounts payable to the petitioner and pay the same to the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will also be entitled to all the consequential benefits from the date of Ext.P18 order. Since we are told that the petitioner has retired, the petitioner shall be granted all notional benefits mentioned in Ext. P18 order from the date of the said order. The Government would be at liberty to recover the amounts paid to the petitioner from the management either by taking recourse to the provisions of the Revenue Recovery Act or by exercising the power of set off from the funds to be disbursed to the College. Writ Petition No. 38220/2010 is allowed as above. ## **Sd/-A.K. JAYASANKARAN NAMBIAR, Judge** ## **Sd/-MOHAMMED NIAS C.P, Judge** /true copy/ ani/1-02-2022 -18- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ## **APPENDIX** ## **PETITIONERS' EXTS. IN WPC NO. 21840/2009** EXT.P1: TRUE COPY OF THE GO MS NO. 76/9-0/H.EDN. DATED 23-31990. EXT. P1(a): TRUE COPY OF THE GOMS. NO. 30/96/H.EDN. DATED 12-21996 EXT. P2: TRUE COPY OF THE LIST OF JUNIOR LECTURERS EXT P2 (A): TRUE COPY OF THE UNDERTAKING DATED 6-6-1996 GIVEN BY THE 6TH RESPONDENTS EXT. P3: TRUE COPY OF THE UNIVERSITY COMMUNICATION DATED 24-7-1997, ISSUED TO THIS RESPONDENT EXT. P4: TRUE COPY OF THE JUDGMENT DATED 11-08-1997 IN O.P. NO. 7239/97 EXT. P5 : TRUE COPY OF THE G.O. (MS) NO. 171/97 h. EDN. DATED 8- 12-1997 EXT. P6 : TRUE COPY OF THE APPROVAL ORDER DATED 12-10-1998 ISSUED IN FAVOUR OF THE 6TH RESPONDENT BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM EXT. P7: TRUE COPY OF THE G.O. (MS) NO. 145/00/H.EDN. DATED 5- 10-2000 EXT.P8: TRUE COPY OF THE G.O. (MS) NO. 307/01/GL. EDN. DATED 15-10-2001 EXT. P9: TRUE COPY OF THE LETTER DATED 1-11-2001 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION EXT. P10: TRUE COPYOF THE AFFIDAVIT FILED BEFORE THIS HON'BLE COURT, DATED 15-6-2002 EXT.P11: TRUE COPY OF THE JUDGMENT DATED 24-08-2001 IN O.P. BNO. 25616/2001. -19- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 EXT. P12: TRUE COPY OF THE JUDGMENT DATED 30-3-2001 IN W.A. NO. 1318/2001 EXT. P12 (A): TRUE COPY OF THE ORDER DATED 18-10-2001 IN CMP NO. 8289/2001 IN W.A. NO. 3568/2001 EXT. P13: TRUE COPY OF THE G.O. DATED 5-9-2002 EXT. P14: TRUE COPY OF THE JUDGMENT DATED 24-6-2004 IN O.P. NO. 33521/2002 EXT. P15: TRUE COPY OF THE LETTER NO. 20453/D2/04 H.EDN. DATED 22-2-2005 EXT. P15 A: TRUE COPY OF THE PROCEEDINGS DATED 16-3-2006 EXT. P16: TRUE COPY OF THE G.O. DATED 7-2-2003 EXT. P17: TRUE COPY OF THE G.O. (MS) NO. 75/2009 H.EDN. DATED 1-7-2009 EXT. P18: TRUE COPY OF THE PROCEEDINGS DATED 22-7-2009 ISSUED BY THE 4TH RESPONDENT. **RESPONDENT NO. 6 EXTS:** EXT. R6 (A): TRUE COPY OF THE GOVERNMENT ORDER DATED 5-09-2002 EXT. R6 (B): TRUE COPY OF THE JUDGMENT IN O.P. NO. 2797/2003 DATED 11-2-2003 EXT. R6 (C)- TRUE COPY OF THE PROCEEDINGS ISSUED BY THE VICE CHANCELLOR DATED 23-12-2003 EXT. R6 (D) – TRUE COPY OF THE G.O. (MS) NO. 260/2010/H.EDN. DATED 10-08-2010 -20- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 ## **APPENDIX** ## **PETITIONERS' EXTS. IN WPC NO. 38220 OF 2010** EXT.P1: TRUE COPY OF THE NOTIFICATION ISSUED BY THE MANAGEMENT DATED 29-4-1996 EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER APPOINTING THE PETITIONER TO THE POST OF LECTURER IN HISTORY DATED 1-11-1997 EXT.P3: TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DATED 6- 09-2000 EXT. P4: TRUE COPY OF THE ORDER ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 286-2003 EXT.P5: TRUE COPY OF THE G.P. (MS) NO. NO. 114/2002/H.EDN. DATED 5-09-2002 EXT.P6: TRUE COPY OF THE JUDGMENT IN W.P.C. NO. 337076/2001 EXT.P7: TRUE COPY OF THE PROCEEDINGS DATED 23-122003 EXT.P8: TRUE COPY OF THE NOTIFICATION ISSUED BY THE MANAGEMENT EXT.P9: TRUE COPY OF THE G.O. (MS) NO. 75/2009/H.EDNM. DATED 1-7-2009 EXT.P10: TRUE COPY OF ORDER DATED 22-7-2009 EXT.P11: TRUE COPY OF TH EINTERIM ORDER ISSUED IN W.P.C. NO. 15984/2010 RESPONDENT NO. 5 EXTS: -21- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 EXT. R5A: TRUE COPY OF THE GOMS. NO. 76/90/H.EDN. DATED 23-3-1990 EXT. R5 B: TRUE COPY OF THE GO MS. NO. 30/96/H.EDN. DATED 12-2-1996 EXT. R5(C): TRUE COPY OF THE UNIVERSITY COMMUNICATION DATED 24-7-1997, ISSUED TO THIS RESPONDENTS EXT. R5 D: TRUE COPY OF THE JUDGMENT DATED 11-081997 IN O.P. NO. 7239/97 EXT. R5(E): TRUE COPY OF THE G.O. MS NO. 171/97 H.EDN. DATED 8-12-1997 EXT. R5 F: TRUE COPY OF THE G.O. MS NO. 145/00/H.EDN. DATED 5-10-2000 EXT. R5G: TRUE COPY OF THE G.O. MS NO. 307/01/GL.EDN. DATED 15-10-2021 EXT. R5 H. TRUE COPY OF THE LETTER DATED 1-112001 ISSUED BY DIRECTOR OF COLLEGIAGE EDUCATION EXT. R5 I: TRUE COPY OF THE AFFIDAVIT FILED BEFORE THIS HON'BLE COURT, DATED 17-6-2002 EXT. R5 J: TRUE COPY OF THE JUDGMENT DATED 2408-2001 IN O.P. NO. 25616/2001 EXT. R5K: TRUE COPY OF THE JUDGMENT DATED 30-32001 IN W.A. NO. 1318/2001 EXT. R5L: TRUE COPY OF THE ORDER DATED 18-10-2001 IN CMP NO. 8289/2001 IN W.A. NO. 3568/2001 EXT. R5M: TRUE COPY OF THE JUDGMENT DATED 24-62004 IN O.P. NO. 33521/2002 EXT. R5N: TRUE COPY OF THE LETTER NO. 20453/D2/04 H.EDN. DATD 22-2-2005 -22- W.P.(C ) Nos. 21840/2009 c/w. 38220 /2010 EXT. R5 O: TRUE COPY OF THE G.O. DATED 7-2-2003 EXT. R5 P: TRUE COPY OF THE INITIAL APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 6-6-1996 EXT. R5 Q: TRUE COPY OF THE ORDER DATED 12-101998 EXT. R5 R: TRUE COPY OF THE UNDERTAKING, DATED 6- 6-1996 EXT. R5 S: TRUE COPY OF THE NOTIFICATION UNIVERSITY NEWS: 39 (28), JULY 9-15,2001 EXT. R5 T: TRUE COPY OF THE JUDGMENT IN I.A. NO. 159/2003 IN UNNUMBERED WRIT APPEAL /2003 EXT. R5 U: TRUE COPY OF THE PROCEEDINGS ISSUED BY THE VICE CHANCELLOR, M.G. UNIVERSITY EXT. R5 (V): TRUE COPY OF THE ORDER DATED 25-092009 EXT. R5 (W) TRUE COPY OF THE LIST OF JUNIOR LECTURERS WORKED IN THE COLLEGE AND LATER DEPLOYED TO HIGHER SECONDARY SCHOOLS EXT. R5 (X) : TRUE COPY OF THE NOTIFICATION PUBLISHED IN DEEPIKA DAILY ON IST FEBRUARY, 2012