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2001 DIGILAW 639 (KER)

T. Pradeep v. State of Kerala

2001-11-09

K.A.ABDUL GAFOOR

body2001
Judgment :- K.A.Abdul Gafoor, J. Petitioner is a private college teacher. He has been appointed by the sixth respondent, a private college corporate management. Petitioner was originally posted in Nangiarkulangara. Later he was transferred to Cherthala. Again sent back to Nanagiarkulangara. On 7.11.2000 petitioner's initial appointment had been approved. These are not disputed. But on transfer to Cherthala, the petitioner is not being paid salary. That is the grievance of the petitioner. 2. Petitioner submit that once there is approval, on subsequent transfer and posting, petitioner shall be paid salary by the Governement. Therefore Government shall be directed to pay salary. Governement have filed a statement with the following averments: " While passing the salary bill of November 2000, this respondent has intimated the Principal, S.N. College, Cherthala that action may be taken to get re-deployed the one excess teacher in Physics. In a salary bill of December 2000 it is seen that one teacher was transferred from the Physics Department of S.N. College, Cherthala and the petitioner was transferred from T.K. M.M. College, Nangyarukulangara to S.N. College Cherthala (Ext.P3) in that place. In effect there was no re-deployment but a replacement. Therefore, the salary of Sri T.Pradeep, who was transferred to the excess post was withheld with a direction to the Principal to claim the salary of the petitioner through supplementary claim specifying whether the petitioner will come within the approved strength and there is sufficient work load." 2. Of course, when the university approves the appointment necessarily in terms of the direct payment agreement, the Deputy Director of Collegiate Education is liable to draw and pay salary to the concerned teacher. If there is any objection to draw salary, necessarily, the Deputy Director is entitled to take up the matter with the university as per the decision reported in Cherian Mathew V.Principal, S.B. College. Changancherry (1998 (2) K LT 144). But the approval and payment of salary considered in the said judgment were subject to the condition that the post exists. If a post is abolished or reduced in one among the colleges of a corporate management, it is incumbent on the management to re-deploy the excess hand. Management shall re-deploy such excess hand to another college. In the case of the petitioner, petitioner was happened to be posted to Cherthala. When the Deputy Director directed the principal to re-deploy the then existing excess hand. Management shall re-deploy such excess hand to another college. In the case of the petitioner, petitioner was happened to be posted to Cherthala. When the Deputy Director directed the principal to re-deploy the then existing excess hand. Inspite of that the then existing excess hand was transferred, the petitioner was posted in that place. Again the excess hand continues Government have a liability to pay salary in terms of the direct payment agreement only to the staff appointed in accordance with the strength sanctioned by the university. In this case, the management has committed the irregularity. Government cannot be mulcted with liability to pay salary to a teacher in excess of the sanctioned strength. Accordingly the Original Petition is disposed of as follows: 1) The management shall re-deploy the senior teachers in physics against the posts sanctioned in different colleges and if there is excess hand, his case shall be dealt with as per the rules applicable to such excess staff. 2) Until then the management shall pay salary to the petitioner. The Government is not liable on that account. There shall be a direction to that effect.