IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 21235 of 2008(C) -------------------------- PETITIONER(S): --------------- D.M. SASIDHARAN, LD CLERK, PANTHEERANKAVU HIGH SCHOOL, PANTHEERANKAVU, KOZHIKODE, RESIDING AT KAMAL, PANTHEERANKAVU P.O., KOZHIKODE. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT,SECRETARIAT, ANNEX, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 5. THE HEADMASTER, PANTHEERANKAVU HIGH SCHOOL, PANTHEERANKAVU, KOZHIKODE. GOVT. PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 21235/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.15.12.99 OF R4. P2. COPY OF THE GOVT. ORDER DTD.22.6.73. P3. COPY OF THE CIRCULAR DTD.19.11.94 BY R1. P4. COPY OF THE CIRCULAR DTD.29.7.06 BY THE GOVT. P5. COPY OF THE PAY FIXATION ORDER DTD.28.3.07. P6. COPY OF THE LETTER DTD.17.3.08 BY R3. P7. COPY OF THE CIRCULAR DTD.26.12.97 BY THE GOVT. P8. COPY OF THE ORDER DTD.18.1.2010 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 21235 of 2008 ================== Dated this the 5th day of April, 2010 J U D G M E N T The petitioner is an L.D. Clerk working in an aided school. He is aggrieved by Ext.P7 circular, whereby the exemption granted to L.D. Clerks by Ext.P4 order from passing departmental tests for availing of service benefits has been cancelled. The petitioner now submits that in view of Ext.P8 Government order issued consequently granting permanent exemption from acquiring test qualification for becoming eligible for service benefits to all L.D. Clerks who entered service prior to 29.7.2006, Ext.P7 circular stands replaced by Ext.P8. 2. I have heard the learned Government Pleader also. 3. I am satisfied that in view of Ext.P8 order, Ext.P7 circular loses its relevance and the petitioner is now entitled to the exemption granted by Ext.P8 Government order. It is declared so and the writ petition is disposed of accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2