IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 17607 of 2008(U) PETITIONER: VIKAS P.C., PART TIME MARKER DEPARTMENT OF PHYSICAL EDUCATION, SREE NARAYANA COLLEGE, THOTTADA P.O., KANNUR 670 007. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM. 3. THE PRINCIPAL SREE NARAYANA COLLEGE, THOTTADA P.O. KANNUR 670 007. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17607 OF 2008 U -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioner is working as part time Marker in Sree Narayana College, Thottada, Kannur. It is stated that he was appointed in June, 1994. The petitioner states that in Government Colleges also Markers were being appointed on part time basis. The Government issued G.O. (MS) No.147/85/Edn., dated 21.6.1985, directing to absorb the Markers working in Government Colleges as last grade servants in the scale of pay of Rs.280-400. It is also stated that Government issued G.O.(MS) No.119/2004/H.Edn., dated 17.9.2004, revising the staff pattern of non- teaching staff in Private Arts & Science Colleges, Training Colleges and Arabic Colleges. In paragraph 5 of the Appendix to the Government Order dated 17.9.2004 it is provided that a full time post of Marker for a consolidated pay is sanctioned in all colleges where there are well developed separate play field with a minimum of 200 metres' track. 2. It is stated that the Kerala Private College Part Time Employees' Union made a representation to the Government requesting to extend the benefit of full time in the scale of pay in the case of Markers. Some of the part time Markers in private colleges filed W.P.(C) No.10338 of 2007, W.P.(C) NO.17607 OF 2008 :: 2 :: which was disposed of on 26.3.2007, directing the Government to consider the grievance of the petitioners therein. It is stated that pursuant to the direction, Ext.P5 order dated 25.4.2008 was issued by the Government granting full time status to eight part time Markers employed in various Arts & Science Colleges. The petitioner submits that he is also similarly situated as the persons mentioned in Ext.P5. Pointing out all these facts, the petitioner had submitted Ext.P7 representation dated 21.6.2008 to the first respondent requesting to absorb the petitioner as full time Marker by creating a suitable post in the College and extending identical benefit as provided in Ext.P5 order. Ext.P7 representation is pending disposal. 3. The only relief which the petitioner, for the time being, pressed is to issue a direction to the first respondent to dispose of Ext.P7 representation expeditiously. 4. In the facts and circumstances of the case, there will be a direction to the first respondent to dispose of Ext.P7 representation expeditiously and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent within two weeks. It is made clear W.P.(C) NO.17607 OF 2008 :: 3 :: that I have not expressed any opinion on the merits of the case. The petitioner will be entitled to put forward all his contentions before the first respondent. Petitioner will also be entitled to produce such other materials and documents as are relevant before the first respondent. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/