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2026 Supreme(Online)(Ker) 20194
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. N. NAGARESH, J
JISHA B.S. – Appellant
Versus
THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT – Respondent
WP(C) NO. 1054 OF 2026 | WP(C) NO. 5376 OF 2026
For the Appellants/Petitioners: SRI.R.NIKHIL, SMT.K.K.NESNA
For the Respondents: SHRI.SAJITH KUMAR V., SC, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION - AICTE, SRI.K.T.THOMAS, SRI.NIKHIL BERNY, SRI.K.R.GANESH, SC, SRI.PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
The court established the necessity of procedural fairness in administrative decisions affecting salary disbursement, directing timely consideration of pending appeals.
Headnote:Statute Analysis: The petitioners challenge the non-disbursal of deferred salary as directed by the APJ Abdul Kalam Technological University under its order. Facts of the Case: Petitioners were appointed as teaching faculty and are aggrieved by the non-payment of deferred salaries.
Findings of Court:
The court found non-serious dispute regarding facts and directed appeals to be considered in light of pending appeals.
Issues: The substantive question involved was the deferred salary disbursal per prior orders.
Ratio Decidendi: The court emphasized on procedural fairness and the necessity to resolve appeals expeditiously.
Result: The writ petitions are disposed of directing the Appellate Authority of the Grievance Redressal Committee to timely consider the appeal dated 05.11.2025.
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
J U D G M E N T
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Petitioners in W.P.(C) No.1054/2026 were appointed as teaching faculty in the Bishop Jerome Institute, School of Engineering, Architecture and Management, Kollam. They are aggrieved by non disbursal of their deferred salary as directed in the order dated 17.10.2025 of the APJ Abdul Kalam Technological University.
2. The petitioner in W.P.(C) No.5376/2026 is the Manager of the Bishop Jerome Institute. The petitioner seeks to quash the order dated 17.10.2025 and to direct the Appellate Authority of Grievance Redressal Committee to consider Ext.P3 appeal afresh. The parties and exhibits in these writ petitions are referred to in this judgment as they are arrayed/marked in W.P.(C) No.5376/2026, for convenience.
3. In W.P.(C) No.5376/2026, the petitioner-Manager states that during Covid-19 pandemic, the Institute remained closed. There was no income for the Institute. However, partial salary was paid to the staff. Respondents 6 to 15 resigned from the service of the Institution after 2021. They are now gainfully employed elsewhere in India and abroad. They sought release of the deferred salary.
4. The Grievance Redressal Committee of the Institute took note of the proposal of the Institute to pay deferred salary uder a special scheme in the next academic year. Respondents 6 to 15, however, approached the Grievance Redressal Committee of the University filing appeal. The University's Grievance Redressal Committee heard the appeal on 18.07.2025 and on the same day, directed the petitioner to release the deferred salary immediately.
5. The petitioner states that he was neither heard nor any further opportunity was granted to put forth his stand. Thereafter, the Committee directed the petitioner to submit a proposal for payment of deferred salary. The petitioner submitted a proposal dated 23.12.2025. Surprisingly, the Registrar of the University issued a notice dated 21.01.2026 directing to implement the decision of the Committee immediately. Hence, the petitioner is before this Court.
6. Respondents 6 to 15 filed W.P.(C) No.1054/2026 seeking to implement the order dated 17.10.2025 expeditiously and to direct the petitioner to disburse the deferred salary of the petitioners as directed in the order.
7. I have heard the learned counsel for the petitioners in both the writ petitions and the learned Standing Counsel representing the University. I have also heard the learned Senior Government Pleader representing the State and the learned Standing Counsel representing the AICTE.
8. The facts are not in serious dispute. Respondents 9 to 15 claimed the benefit of order dated 17.10.2025 issued by the Registrar of APJ Abdul Kalam Technological University. The Registrar stated that the Grievance Redressal Committee, after hearing the parties and perusing the documents, has resolved to direct the College to release the deferred salary with immediate effect. The Vice Chancellor of the University has accorded sanction to implement the said decision.
9. The petitioner has preferred an appeal against the decision, as per appeal dated 05.11.2025. The appeal dated 05.11.2025 has statutory flavour. The petitioner has urged certain grounds in the appeal. The respondents had filed W.P.(C) No.38210/2025 in which this Court had delivered judgment dated 17.10.2025 directing the Appellate Authority of the Grievance Redressal Committee to consider and pass orders on the appeal preferred by respondents 9 to 15 within a period of two months. As an appeal filed by the petitioner is also pending, it would be only just and proper for the appellate authority to consider the same and the decision of the Grievance Redressal Committee be deferred till orders are passed on the appeal filed by the petitioner.
The writ petitions are therefore disposed of directing the Appellate Authority of the Grievance Redressal Committee (5th respondent in W.P.(C) No.5376/2026) to consider the appeal da
