IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 5281 of 2011(I) ------------------------------ PETITIONERS: ---------------- 1. SHYJU T.S,LAB ASSISTANT SREE SANKARA COLLEGE, SANKAR NAGAR,KALADY, ERNAKULAM. 2. SONI MURALI, LAB ASSISTANT SREE SANKARA COLLEGE, SANKAR NAGAR,KALADY, ERNAKULAM. 3. VISWANATHAN K.S,LAB ASSISTANT SREE SANKARA COLLEGE, SANKAR NAGAR,KALADY, ERNAKULAM. BY ADV. SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION O/O.THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM– 695 001. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCAITON, O/O.THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM– 695 001. 4. THE MANAGER, SREE SANKARA COLLEGE, SANKAR NAGAR,KALADY, ERNAKULAM – 683 574. WP(C).No. 5281/2011 5. THE PRINCIPAL, SREE SANKARA COLLEGE, SANKAR NAGAR,KALADY, ERNAKULAM – 683 574. BY ADVS. SRI.B.S.KRISHNAN, SENIOR ADVOCATE FOR R4 & R5 SRI.K.ANAND (A.201), SC, FOR R4 &R5 SMT.LATHA KRISHNAN FOR R4 &R5 SRI.T.T.MUHAMOOD, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5281/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER ISSUED IN FAVOUR OF 1ST PETITIONER. EXT. P1(a) : COPY OF APPOINTMENT ORDER ISSUED IN FAVOUR OF 2ND PETITIONER. EXT. P1(b) : COPY OF APPOINTMENT ORDER ISSUED IN FAVOUR OF 3RD PETITIONER. EXT. P2 : COPY OF PROCEEDINGS DTD.11.11.10. EXT.P3 : COPY OF PROCEEDINGS OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DTD. 8.12.10. EXT.P4(a) : COPY OF LETTER SUBMITTED BY 1ST PETITIONER ADDRESSED TO PRINCIPAL. EXT.P4(b) : COPY OF LETTER SUBMITTED BY 2ND PETITIONER ADDRESSED TO PRINCIPAL. EXT.P4(c) : COPY OF LETTER SUBMITTED BY 3RD PETITIONER ADDRESSED TO PRINCIPAL. EXT. P5 : COPY OF LETTER ADDRESSED TO DIRECTOR OF COLLEGIATE EDUCATION. EXT. P6 : COPY OF LETTER ADDRESSED TO DIRECTOR OF COLLEGIATE EDUCAITON DTD. 21.1.11. EXT. P7 : COPY OF LETTER ADDRESSED TO PRINCIPAL SECRETARY TO GOVT. DTD. 29.1.11. EXT. P8 : COPY OF COMMUNICATION ISSUED BY DEPUTY DIRECTOR OF COLLEGIATE EUDCATION DTD. 22.1.11. EXT. P9 : COPY OF COMMUNICATION ISSUED TO 1ST PETITIONER DTD. 14.2.11. EXT.P9(a) : COPY OF COMMUNICATION ISSUED TO 2ND PETITIONER DTD. 14.2.11. EXT.P9(b) : COPY OF COMMUNICATION ISSUED TO 3RD PETITIONER DTD. 14.2.11. WP(C).No.5281/2011 EXT. P10 : COPY OF NOTIFICATION DTD. 30.5.08. EXT. P11 : COPY OF ORDER ISSUED IN THIS REGARD DTD.14.3.11 ALONG WITH ENDORSEMENT MADE ON IT BY DEPUTY DIRECTOR OF COLLEGIATE EDUCAITON. EXT. P12 : COPY OF ORDER ISSUED BY DEPUTY DIRECTOR OF COLLEGIATE EDUCAITON DTD. 11.5.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5281 OF 2011 --------------------------------------- Dated this the 13th day of June, 2011. J U D G M E N T All the petitioners in this writ petition are working as Lab Assistants in the Sree Sankara College, Kalady. This writ petition is filed seeking for various reliefs including a declaration that the approval granted is not liable to be reviewed. The challenge is against Exts.P3, P8, P9, P9(a) and P9(b). Further direction sought is to grant reasonable chances to the petitioners to pass out of the Attender Test conducted by the Kerala Public Service Commission. 2. Along with I.A.No.8731/2011, the petitioners have produced Ext.P11, a direction issued by the Government to the Deputy Director of Collegiate Education. By the same, the Government has granted three opportunities for the petitioners to acquire the Lab Attender qualification and accordingly, the Government has directed to grant approval of the appointment. Further direction is to sanction the salary as applicable to Last W.P.(C) No.5281/2011 2 Grade Servants and to grant the pay and allowances in Attender post after acquisition of qualification. In that view of the matter, what is required is only a direction to the Deputy Director of Collegiate Education to take appropriate action for implementation of Ext.P11 and countersign the salary bills for payment. Appropriate action will be taken within a period of three weeks from the date of receipt of a copy of this judgment. This will be without prejudice to the right of the petitioners to challenge Ext.P11 Government letter on any grounds which they deem fit. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp