IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 31120 of 2007(D) ---------------------------------------- PETITIONER(S): ------------------------ M.A.NISSAR, LOWER DIVISION CLERK, JANATHA HIGHER SECONDARY SCHOOL, THEMPAMOODU, PULLAMPARA P.O., THIRUVANANTHAPURAM-695 607. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. *ADDL.R5 IMPLEADED *R5: V.I.JOY, AGED 42 YEARS, S/O.V.O.ITTEERA, GENERAL SECRETARY, KERALA AIDED SCHOOL, NON-TEACHING STAFF ASSOCIATION, NTS BHAVAN, ARANGATH ROAD, ERNAKULAM NORTH.P.O., KOCHI-18 *ADDL.R5 IS IMPLEADED AS PER ORDER IN IA NO.7203/10 DATED 9/6/2010. R1 TO R4 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA R5 BY ADV. SRI.ASISH K.JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31120/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 22/06/1973 ISSUED BY THE GOVERNMENT. P2 COPY OF THE ORDER DATED 03/09/1983 ISSUED BY THE GOVERNMENT. P3 COPY OF THE RELEVANT EXTRACT OF G.O.(P) NO.145/2006/FIN DATED 25/03/06 ISSUED BY THE GOVERNMENT ALONG WITH ANNEXURE. P4 COPY OF THE GOVT.LETTER DATED 10/06/2007 ISSUED BY THE 1ST RESPONDENT. P5 COPY OF THE PROCEEDINGS DATED 24/08/2006 OF 3RD RESPONDENT. P6 COPY OF THE ORDER DATED 16/03/2007 PASSED BY THE 1ST RESPONDENT. P7 COPY OF THE ORDER DATED 18/06/2007 PASSED BY THE 1ST RESPONDENT. P8 COPY OF THE ORDER DATED 14/11/2005 PASSED BY DEO, ERNAKULAM. P9 COPY OF THE ORDER DATED 01/06/2004 PASSED BY THE DEO, ERNAKULAM. P10 COPY OF THE ORDER DATED 21/12/2002 ISSUED BY THE GOVERNMENT. P11 COPY OF THE FIXATION OF PAY IN THE HIGHER GRADE IN RESPECT OF SRI.P.M.SALIM, LD CLERK, DARUL ULOOM H.S.SCHOOL, ERNAKULAM. P12 COPY OF THE FIXATION OF PAY IN THE HIGHER GRADE IN RESPECT OF SMT.JESHA C.P., LD CLERK, SNV HIGHER SECONDARY SCHOOL, ANAD. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE CIRCULAR DATED 08/08/2008 ISSUED BY THE GOVERNMENT. /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31120/2007-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioner who is working as a Lower Division Clerk in the Janatha Higher Secondary School is aggrieved by Exts.P6 and P7 communications issued by the Government. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. It is submitted by the learned counsel for the petitioner that the revision petitions filed by the petitioner were disposed of without hearing the petitioner. 3. The first respondent has filed a counter affidavit disputing the allegations in the writ petition and the additional fifth respondent has filed a counter affidavit on the merits of the matter. 4. The learned counsel for the petitioner submitted that the petitioner may be given an opportunity to produce the documents Exts.P8 to P12, for substantiating the contentions raised, before the Government. It is further submitted that if an W.P.(C). No.31120/2007 -:2:- opportunity is given, the petitioner will be able to convince the respondents about the merits of the claim. 5. Ext.P5 is the order passed by the third respondent District Educational Officer, with regard to the grant of time bound higher grade only to the petitioner. It is against the same, the revision petition was filed by the petitioner. 6. The orders Exts.P6 and P7 are quashed since the petitioner has not been heard in the matter. There will be a direction to the Government to reconsider the matter, after hearing the petitioner and pass appropriate orders within a period of two months from the date of receipt of a copy of this Judgment. Since it is submitted that the petitioner is now seriously ill, a representative of the petitioner will be heard. The petitioner will be free to produce copies of the documents produced as Exts.P8 to P12 and additional documents if any, before the Government. The writ petition is allowed to that extent. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms