Moidu Valiyaparambath vs The Director of Collegiate Education, The Deputy Director of Collegiate, The Registrar and The Manager

T.R. Ramachandran Nair, J.—This writ petition is filed by the Petitioner challenging the communication issued by the Government as per Ext.P4 as well as Ext.P3 communication issued by the Deputy Director of Collegiate Education.

It is a case where the Petitioner was appointed as Librarian Grade-IV in the 4th Respondent College in the leave vacancy of one Sri.Subair Vadakkepurayil. It is pointed out that he was working in the institution from 08.08.2005 to 30.11.2008. The Petitioner has pointed out that he was working there without salary also.

The view taken by the Government in Ext.P4 is that as per the revised staff pattern issued as per G.O.(MS) No. 119/04/H.Edn dated 17.09.2004 in respect of the colleges having UGC grant, there is No. post of Librarian Grade-IV. Apart from that, UGC Librarian post has been sanctioned also. The appointment of the Petitioner is only after the revised staff pattern came into force. If the appointment is approved, there will be two types of Librarians namely, Librarian having UGC qualification and another one without the said qualification.

Learned Counsel for the Petitioner submitted that the Petitioner was continuing for the entire period without salary and a direction may be given to the Government to disburse the salary at least and the Government can recover the same from the Management.

In the counter affidavit filed by the 2nd Respondent, it is averred in paragraph 2 that as per the revised staff pattern, there is No. post of Librarian Grade-IV in the colleges having UGC grant. The post of UGC Librarian has also been sanctioned. Since the appointment of the Petitioner is against the existing Government Order, the appointment is null and void. It is pointed out that the Director of Collegiate Education as per letter No. F4/43740/07/Coll.Edn. dated 23.03.2007 had also made it clear that since 10 post of staff including one Junior Superintendent, one Clerk and two Library Attenders are already in excess (working as Supernumerary) in the college, there is No. eligibility for new appointment in the college. It is pointed out that ignoring this order, the Management continued with the appointment of the Petitioner and therefore, the Management alone is responsible for the irregular appointment.

Evidently, the Petitioner was appointed after the revised staff pattern came into force as per which UGC Librarian post was sanctioned. Apart from that, many of the persons were continuing in the supernumerary post also. Therefore, the view taken in Ext.P4 that the appointment is not liable to be approved is perfectly justified. In that view of the matter, the Petitioner is not entitled to get the relief sought for in the writ petition.

Learned Counsel for the Petitioner prays for a direction to the Government to release the salary with option to the Government to recover the same from the Management. As the appointment itself is irregular, the Government cannot be saddled with any liability to pay the salary. It was never approved by the University also.

If the Petitioner is aggrieved by the non payment of salary by the Management, it is upto him to workout his remedies if any available and I am not finally pronouncing anything on that issue.

This writ petition is hence dismissed. No. costs.