IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20803 of 2008(B)
1. JILSON P.PETER, S/O. P.M.PETER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE MANAGER,
For Petitioner :SRI.K.B.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/07/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.20803 of 2008 B
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Dated this the 14th day of July, 2008.
J U D G M E N T
The petitioner states that he was appointed as Full Time Menial
in the Salvation Army Higher Secondary School, Kawdiar, Thiruvananthapuram,
with effect from 1.4.1999 in a vacancy which arose due to the promotion of the
Head Clerk. The petitioner was promoted as Peon with effect from 4.4.2000 as
per Ext.P2 order. It is stated that from the academic year 2002-2003 onwards,
there were four posts of Lab Assistants available in the school and the petitioner
was promoted and appointed as Lab Assistant by Ext.P3 order dated 1.10.2004.
The appointment of the petitioner as Lab Assistant was approved by the Director
of Higher Secondary Education as per Ext.P4 order. The petitioner relies on
G.O.(Rt) No.3588/2006/G.Edn. Dated 16.8.2006 and states that his probation is
liable to be declared as having been satisfactorily completed. It is further stated
in the Writ Petition that the Government passed an order,
No.70576/T1/2007/G.Edn. Dated 29.12.2007 (Ext.P6), cancelling the approval
of the appointment of the petitioner as Lab Assistant. This order was passed
without hearing the petitioner. On the basis of Ext.P6 order, the Director of
Higher Secondary Education has passed Ext.P7 order dated 5.6.2008, cancelling
the appointment of the petitioner as Lab Assistant.
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2. The reliefs prayed for in the Writ Petition are the
following:-
“(i) call for the records from
the respondents leading to the issuance of
Exts.P6 and P7 orders and quash the same
by issuing a writ of certiorari or any other
appropriate writ, order or direction;
(ii) declare that the
petitioner is entitled for being appointed as
Lab Assistant in the Salvation Army Higher
Secondary School, Kawdiar,
Thiruvananthapuram in the fourth vacancy of
Lab Assistant which existed therein for the
academic year 2002-03 going by the number
of laboratories and the students’ strength
available in the school; and
(iii) pass such other orders
as this Honourable Court may deem fit and
proper in the facts and circumstances of the
case.”
3. The petitioner is entitled to challenge Ext.P7 order
before the Government in revision. The learned counsel for the petitioner
submits that since Ext.P7 order was passed as a consequence of Ext.P6 order
passed by the Government and that too without hearing the petitioner, there is
WP(C) No.20803/2008
3
no point in filing revision before the Government. Learned Government Pleader
submits that if a revision is filed before the Government that will be considered
on the merits and Ext.P6 order would not be taken as an impediment in
considering the revision expeditiously on the merits.
4. In the light of the submissions by the learned counsel
for the petitioner and the learned Government Pleader, the Writ Petition is
disposed of in the following manner:-
(i) The petitioner is given liberty to file revision against Ext.P7
order before the first respondent, within a period of three weeks. If such a
revision is filed, the first respondent shall dispose of the same on the merits,
after affording an opportunity of being heard to the petitioner.
(ii) The first respondent shall consider the merits of the
contentions raised by the petitioner and Exts.P6 and P7 orders should not stand
in the way of the first respondent in considering the revision on the merits. If it is
found that the contentions of the petitioner are genuine and that Ext.P6 order
does not reflect the true state of affairs, the first respondent shall pass
appropriate orders accepting those contentions and modifying Ext.P6 order
appropriately. If it is found that the contentions of the petitioner are not liable to
be accepted, nothing prevents the first respondent from confirming Ext.P6 order.
WP(C) No.20803/2008
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(iii) The petitioner shall submit along with the revision a copy
of the Writ Petition and a certified copy of the judgment.
(iv) The first respondent shall afford an opportunity of being
heard to the third respondent Manager as well.
(v) The first respondent shall dispose of the revision within a
period of two months from the date of receipt of the same.
(vi) Till the disposal of the revision, Exts.P6 and P7 orders
shall be kept in abeyance.
(vii) The petitioner shall send a copy of the judgment to the
Manager by registered post and shall produce proof of the same before the first
respondent.
K.T. SANKARAN,
JUDGE.
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