IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 24973 of 2008(W) ----------------------------------------- PETITIONER(S): ----------------------- MOIDEENKUTTY. T., L.D.CLERK, I.U. HIGH SCHOOL, PARAPPUR P.O., KOTTAKKAL, MALAPPURAM. BY ADV. MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR. R1 TO R4 BY GOVERNMENT PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24973/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 30/10/1992 ISSUED BY KPSC IN RESPECT OF KER TEST TO THE PETITIONER. EXT.P2: COPY OF THE CERTIFICATE DATED 30/10/1992 ISSUED BY KPSC IN RESPECT OF ACCOUNT TEST TO THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 26/07/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 15/10/2007 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE REPLY DATED 15/11/2007 SENT BY THE HEADMASTER TO THE 4TH RESPONDENT. EXT.P6: COPY OF THE ORDER DATED 23/06/2008 ISSUED BY THE 3RD RESPONDENT TO THE HEADMASTER. EXT.P7: COPY OF THE CIRCULAR DATED 19/11/1994 ISSUED BY THE GOVERNMENT. EXT.P8: COPY OF THE COMMUNICATION DATED 29/10/1981 ISSUED BY THE DY. DIRECTOR OF EDUCATION, QUILON. EXT.P9: COPY OF THE CIRCULAR NO.26790/J3/2006/PUB.EDN. DATED 29/07/2006 ISSUED BY GOVERNMENT. EXT.P10: COPY OF THE CIRCULAR DATED 26/12/2007 ISSUED BY THE GOVERNMENT. EXT.P11: COPY OF THE ORDER DATED 16/04/2003 PASSED BY THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. EXT.P12: COPY OF THE ORDER DATED 18/01/2010 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 24973 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 J U D G M E N T The petitioner is an LD Clerk working in an aided school. He is aggrieved by Exts.P6 & P7, whereby the increments granted to the petitioner are sought to be recovered from him on the ground that he has not passed the obligatory departmental test. Petitioner has now produced Ext.P12 wherein the Government has exempted all L.D. Clerks appointed prior to 29.07.2006 from the requirement of passing the obligatory departmental test, for service benefits. The petitioner now submits that, in view of Ext.P12 order, Exts.P6 & P7 are liable to be quashed and the writ petition is liable to be allowed. 2. I have heard the learned Government Pleader also. As rightly pointed out by the counsel for the petitioner in view of Exts.P12, Exts.P6 & P7 has no relevance for the purpose of deciding the service benefits of the petitioner. It W.P.(C)No. 24973 of 2008 -2- is declared so. It is directed that the petitioner's service benefits shall be governed by Ext.P12 instead of Exts.P6 & P7. Appropriate revised orders shall be issued expeditiously. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/