IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20078 of 2009(D) -------------------------------- PETITIONER: -------------- AJITH K.V. LAB ASSISTANT, G.G.H.S.S. MATTANCHERRY, COCHIN-682 002, ERNAKULAM DIST. BY MR.KALEESWARAM RAJ, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20078 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The petitioner herein is working as Lab Assistant in Government Girls Higher Secondary School, Mattancherry. He is also the General Secretary of an organization namely, All Kerala Higher Secondary School Lab Assistants Association. 2. It is pointed out in the writ petition that there are several Lab Assistants working in various Higher Secondary Schools in the State who are having Post Graduation, B.Ed, SET etc., but they have been denied promotional avenues to the teaching posts namely, H.S.S.T (Senior) and H.S.S.T (Junior) since there is no enabling provision to effect such promotion in the Special Rules. 3. The learned counsel for the petitioner pointed out that under the Special Rules, in the case of Vocational Higher Secondary School Teachers, a percentage of upto 10% is fixed for promotion in favour of qualified ministerial staff. It is W.P.(C) No.20078/2009 2 therefore, pointed out that the persons like the petitioner and the similarly placed qualified persons are being discriminated in the matter of getting due promotion as Teachers. The petitioner has filed Exhibit P1 representation dated 05.11.2008 before the Government seeking for appropriate action to amend the Special Rules. This is followed by another representation, Exhibit P2. Whether Special Rules have to be amended for providing promotion to the qualified Lab Assistants is a matter for the Government to take a decision. This Court at this stage may not be justified in issuing a direction as such. Since the petitioner has raised his grievance as per Exhibits P1 and P2, there will be a direction to the first respondent to consider and pass orders on the same within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp