IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17599 of 2008(T)
1. PANKAJAKSHAN.P.M, PART TIME MARKER,
... Petitioner
2. RAMAKRISHNAN.M, PART TIME MARKER,
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE PRINCIPAL, PAZHASSI N.S.S COLLEGE,
4. THE PRINCIPAL, N.S.S COLLEGE
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/07/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 17599 OF 2008
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Dated this the 8th July, 2008
J U D G M E N T
The petitioners are working as Part-time Markers in the third and fourth
respondents’ colleges respectively. They are aggrieved by the denial of the same
treatment as meted out to their counterparts in other Government Colleges and private
Colleges. It is stated that similarly situated persons have been granted full time
status as evidenced by Ext. P5 Government Order dated 25.04.2008 (Ext. P5 order is
same as Ext. P3 order). The petitioners have submitted Exts. P6 and P7
representations respectively, to the first respondent requesting to absorb them as full
time Markers by creating suitable posts in the Colleges and to extend the identical
benefits that have been granted to the similarly situated persons . Ext. P6 and P7
representations are pending disposal.
2. The reliefs prayed for in the Writ Petition are the following:
“1) Issue a writ of certiorari or any other appropriate writ, order
or direction, commanding the 1st respondent to consider the
claim of the petitioners for Full time status and issue an identical
order as in Exhibit.P3 in the case of the petitioners,
2) declare that the petitioners are entitled to be granted Full
Time status as has been granted to his counter parts in other
Colleges.
3) such other appropriate writ, order or direction as this
Honourable Court may deem fit and proper in the facts and
circumstance of the case, and
4) award costs. ”
W.P.(C) No. 17599 OF 2008
2
3. Learned counsel for the petitioners submits that the petitioners would be
satisfied, if a direction is issued to the first respondent to dispose of Exts.P6 and P7
representations, after affording an opportunity of being heard to the petitioners at an
early date. Learned Government Pleader submits that Exts.P6 and P7 representations
will be disposed of by the first respondent expeditiously.
Accordingly, the Writ Petition is disposed of directing the first respondent to
consider and dispose of Ext. P6 and P7 representations, after affording an opportunity
of being heard to the petitioners as expeditiously as possible and at any rate, within a
period of three weeks. The petitioners will be at liberty to produce such other materials
and documents as are relevant before the first respondent. The petitioners shall
produce a copy of the Writ Petition and a certified copy of the judgment before the first
respondent before consideration of their representations. The contentions of the
parties are left open.
K.T. SANKARAN,
JUDGE.
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