IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 5587 of 2009(P) ------------------------- PETITIONER(S): --------------- 1. K.ABDUL MAJEED, S/O.ABDULLAH, AGED 42 YRS,HIGH SCHOOL ASSISTANT (MALAYALAM)GOVERNMENT HIGHER SECONDARY SCHOOL, MAVOOR, KANNIPARAMB, KOZHIKODE DISTRICT. 2. AMBIKA.V.K, W/O.K.S.SYAM, AGED 45 YRS, HIGH SCHOOL ASSISTANT (MALAYALAM),R.E.C.G.H.S. SCHOOL,CHATHAMANGALAM, R.E.C.P.O.N.I.T, KOZHIKODE DISTRICT. 3. GEORGE N.MAMMEN, S/O.M.D.MAMMEN,AGED 46 YRS, HIGH SCHOOL ASSISTANT (MALAYALAM), G.H.S.SCHOOL, NAYARKUZHI, KOZHIKODE DISTRICT. 4. SAJEEV AMMANKUZHIYIL,S/O.A.ACHUTHAN, AGED 42 YRS, HIGH SCHOOL ASSISTANT (MALAYALAM) GOVERNMENT HIGHER SECONDARY SCHOOL, P.O.NAYARKUZHI THAMARASSERY EDUCATION DISTRICT,KOZHIKODE DISTRICT. 5. PUSHPA MATHEW,HIGH SCHOOL ASSISTANT (MALAYALAM)GOVERNMENT HIGHER SECONDARY SCHOOL, N.G.O.QUARTERS, KOZHIKODE DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION LOCAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C).No.5587 of 2009 ----------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioners are High School Assistants (Malayalam) working in various Government schools in Kozhikode district. They were originally appointed as P.D. Teachers, later promoted as High School Assistants, reverted as P.D. Teachers and thereafter, again promoted as High School Assistants. The petitioners submit that though the services of similarly placed High School Assistants (Hindi), have been regularised by giving them notional promotion as High School Assistants with effect from the dates on which they were originally promoted, they have been denied similar benefits. They have aggrieved thereby submitted Exts.P11 series representations before the Secretary to Government, General Education Department. In this writ petition, the petitioners, inter alia, pray for a direction to the W.P.(C).No.5587 of 2009 2 Secretary to Government, General Education Department, to consider the requests made in Exts.P11 series representations and pass orders thereon within a time limit to be fixed by this Court. 3. The learned Government Pleader on instructions submits that only the representations submitted by petitioners 1 to 3 and 5 have been received by the Secretary to Government and that orders have not been passed thereon till date. The learned Government Pleader also submits that the representation said to have been submitted by the forth petitioner has not so far been received and that the Government will take a decision in the matter expeditiously. 4. Having regard to the fact that the Government is yet to take a decision in the matter, it would be premature for this Court to adjudicate on the issue at this stage. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department, to consider Exts.P11, P11(a), P11(b) and P11(d) representations submitted by petitioners 1 to 3 and 5 and pass appropriate orders thereon W.P.(C).No.5587 of 2009 3 after notice to and affording them an opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a copy of this judgment. Since the representation submitted by the fourth petitioner has not been received by the Secretary to Government, the fourth petitioner shall within two weeks from today, submit a fresh representation setting out his grievances and the Secretary to Government shall consider the said representation also within the time limit aforesaid, after affording the fourth petitioner also an opportunity of being heard. The Secretary to Government shall also communicate to the petitioners copy of the order passed by the Government. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE. bkn/-