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2008 Supreme(Ker) 499

K.BALAKRISHNAN NAIR, M.C.HARI RANI
Menon Laxmi Bhuvanendra – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:K.S. Madhusoodanan, Advocate. For the Respondents:R1 to R3, Benjamin Paul, Government Pleader, R4, P.C. Sasidharan, SC, Calicut University, R5, R6, Dr. K.B. Muhamed Kutty, K.M. Firoz, Advocates.

Judgment :-

Balakrishnan Nair, J.

The main point that arises for decision in this Writ Petition is whether the Government are bound to pay salary to a private college teacher, working in a post sanctioned by the University in disregard of binding statutory provisions.

2. The brief facts of the case are the following: The writ petitioner is a Lecturer in Journalism, taking classes for B.A. Malayalam students in Farook College, Kozhikode. It is a College affiliated to the Calicut University. Initially, the College was conducting B.A. Course with Malayalam and Sociology as double main subjects (Pattern II). A proposal was mooted for bifurcation of that course into two degree courses, namely, B.A. Malayalam and B.A. Sociology, which was supported by the University as also the Government. The Government, on the motion of the Calicut University, issued Ext.P1 communication dated 111.1990, permitting bifurcation of the double main course into two single main courses during the academic year 1990-91, “subject to the specific condition that no expenditure now or in future is involved in this case”. Later, the Government issued Ext.P2 communication, deleting the words “or in future” in Ext.P1









































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