SANKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The centroidal issue in these cases - as discernible from the factual grid and documents presented - is whether Teachers of Aided Colleges are entitled to be paid additional remuneration/fees for evaluating answer scripts of students. This issue has now sprung up for consideration by this Court because, such payments earlier made to the petitioners in these cases are now sought to be recovered.

(2.) The petitioners in these Writ Petitions - who aver similar, if not identical, facts and seek the same reliefs - are stated to be Teachers of Aided Colleges affiliated to the various Universities in Kerala. The proximate cause for them to have approached this Court is because the Government issued an order - a copy of which has been produced on record as Ext.P1 in WP(C)No.18499/2020 (it is also produced as an exhibit in all these cases) - directing that only 80% of the 4th instalment payable to them under the 6th UGC Pay Revision, be disbursed to them and 20% be withheld, so as to recover certain amounts earlier paid to them towards valuation of answer scripts.

(3.) The petitioners say that the afore order is egregiously improper because they were paid the amounts in question validly and without any demand being made by them at that time; and also because it was an additional duty cast upon them. They, therefore, pray that the afore order of the Government be quashed and its competent Authority be directed to disburse to them all amounts withheld, including through its subsequent order - a copy of which has been produced on record as Ext.P3 in WP(C)No.18499/2020.