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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
State Of Kerala – Appellant
Versus
Augustine Sumesh C.J. – Respondent
JUDGMENT :
Muralee Krishna, J.
W.A.No.1510 of 2023 is filed by respondents 2, 3, and 4 in W.P.(C)No.13475 of 2020 and W.A.No.1547 of 2023 is filed by respondents 2 to 4 and 6 to 8 in W.P.(C)No.920 of 2020, under Section 5 (i) of the KERALA HIGH COURT ACT 1958, challenging the common judgment dated 19.07.2022 passed by the learned Single Judge in those writ petitions.
W.A.No.1547 of 2023
2. Going by the averments in W.P.(C)No.920 of 2020, from which the above writ appeal arose, the 1st respondent was appointed as Assistant Professor in the Department of Physics at St.Albert’s College, Banerji Road, Ernakulam, in one of the retirement vacancies notified as per Ext.P1 notification dated 10.10.2012, with effect from 20.12.2013, under the community quota, by Ext.P3 appointment order. Immediately after the appointment of the 1st respondent, the Principal of the College submitted the proposal to the Mahatma Gandhi University (‘M.G. University’, in short) for granting approval to the appointment. In the Department of Physics, there have been 155 hours of workload and 10 sanctioned posts as per Ext.P7 and P7 (a) workload statements dated 01.11.2011 and 01.11.2012, respectively. There had been 1
The government is liable to disburse salary only for appointments made against posts sanctioned by it, emphasizing the necessity of workload assessment for faculty appointments.
The court ruled that an appointment against a leave vacancy requires adherence to prescribed procedures, and the appellant lacked the legal right to compel salary payment from the University.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
Government sanction is mandatory to create new posts in aided colleges post-2005 amendment, while approval of appointments for existing posts remains with the University, reaffirming that previous po....
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
The main legal point established in the judgment is that the government is not obligated to pay the salary of an individual appointed in a non-sanctioned post from the government grant.
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
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