IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 25TH DAY OF FEBRUARY 2014/6TH PHALGUNA, 1935
WP(C).No. 5570 of 2014 (U)
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PETITIONER(S):
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1. SUSRUTHAN.A.P.,
PEON, PALORA HIGHER SECONDARY SCHOOL,
ULLIYERI PO (VIA)KOYILANDI, PIN-673 620.
2. N.K. VISWANATHAN NAIR,
MANAGER, PALORA HIGHER SECONDARY SCHOOL,
ULLIYERI PO (VIA)KOYILANDI, PIN-673 620.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARYTO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. DIRECTOR OF HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM-695 001.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.M.A.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 5570 of 2014 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXT.P1 - TRUE COPY OF THE GOVERNMENT ORDER, GO(MS)NO.79/2003/G
EDN.DATED 28-03-2003.
EXT.P2 - TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.18/1991/G EDN.
DATED 01-02-1991.
EXT.P3 - TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.299/2004 DATED
24-09-2004.
EXT.P4 - TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.354/2004/G EDN
DATED 26-11-2004.
EXT.P5 - TRUE COPY OF THE GOVERNMENT ORDER DATED 30-11-2013.
EXT.P6 - TRUE COPY OF THE REPRESENTATION DATED 4-1-2014 SUBMITTED BY
THE 2ND PETITIONER TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
------------------------------------------- N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
C.K. ABDUL REHIM, J.
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W.P.(c) No. 5570 OF 2014-U
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DATED THIS THE 25th DAY OF FEBRUARY, 2014.
J U D G M E N T
The 1st petitioner is a Peon working in the Higher
Secondary School of the 2nd petitioner-Manager. The school
was sanctioned with a Higher Secondary Section in the
academic year 2000-2001. The 2nd petitioner filled up 4
posts of Laboratory Assistants in anticipation of approval.
But the Government, by virtue of Ext.P1, had limited the
strength of Laboratory Assistants in the Higher Secondary
Section as two. Therefore the petitioner had terminated
service of two Laboratory Assistants. Subsequently, by
Ext.P3 order, the Government had accorded sanction
approving two additional posts of Laboratory Assistants
with respect to those schools where 4 Laboratory Assistants
continued, treating those posts as supernumerary. But the
benefit of Ext.P3 was denied to 2nd petitioner because there
were only two Laboratory Assistants working in the school
W.P.(c) No. 5570/2014 -2-
at the time when Ext.P3 order was issued. Aggrieved by
Ext.P5 decision taken by the Government in this regard, the
petitioners had submitted Ext.P6 before the 1st respondent
seeking re-consideration. Contention of the petitioners is
that, those schools which had continued with the illegal
appointments of two additional Laboratory Assistants are
now benefited. Whereas persons like the 2nd petitioner who
had terminated service of additional Laboratory Assistants
in compliance of Ext.P2 order has now been denied of the
benefit of Ext.P3. Learned counsel for the petitioners
submit that the petitioners will be satisfied by a direction
from this court to the 1st respondent for an early
consideration of Ext.P6.
2. Under the above mentioned circumstances, the
writ petition is disposed of by directing the 1st respondent
to consider Ext.P6 request submitted seeking re-
consideration of Ext.P5 decision and to allow the benefit of
Ext.P3 with respect to the school of the 2nd petitioner. A
decision on Ext.P6 shall be taken by the 1st respondent, if
W.P.(c) No. 5570/2014 -3-
necessary after affording an opportunity of personal hearing
to the petitioners, at the earliest possible, at any rate within
a period of 3 months from the date of receipt of a copy of
this judgment.
Sd/-
C.K. ABDUL REHIM,
JUDGE.
AMG
True copy
P.A to Judge
