High Court Kerala High Court

Pankajakshan.P.M vs State Of Kerala on 8 July, 2008

Kerala High Court
Pankajakshan.P.M vs State Of Kerala on 8 July, 2008
       

  

  

 
 
  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.
                ............................................................................
                             W.P.(C) No. 17599 OF 2008
                ............................................................................
                                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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