IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 15920 of 2009(H) -------------------------- PETITIONER: --------------- LZXMANA SHETTY C, S/O. SHEENAPPA SHETTY, LOWER PRIMARY SCHOOL ASSISTATN, BAKRABAIL A.U.P. SCHOOL, P.O. PATHUR, (VIA) MANJESHWAR, KASARGOD DIST. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL,OFFICER, MANJESHWAR AT UPPALA, KASARAGOD DIST. BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.15920/11 PETITIONER'S EXTS: EXT.P1: COPY OF FIRST RESPONDENT'S ORDER DT.7.1.91. EXT.P2: COPY OF ORDER DT.31.7.89 OF THE MANAGER OF THE SCHOOL. EXT.P3: COPY OF THE 1ST RESPONDENT'S ORDER DT.3.9.58 EXT.P4: COPY OF 1ST RESPONDENT'S ORDER DT.20.5.58. EXT.P5: COPY OF 1ST RESPONDENT'S ORDER DT.29.9.58. EXT.P6: COPY OF 1ST RESPONDENT'S ORDER DT.21.2.1970. EXT.P7: COPY OF REPRESENTATION DT.31.7.04 OF THE PETITIONER. EXT.P8: COPY OF JUDGMENT DT.7.3.08 IN W.P.(C)No. 27493/04 OF THIS COURT. EXT.P9: COPY OF ARGUMENT NOTES SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AT THE TIME OF PERSONAL HEARING HELD ON 23.1.09. EXT.P10: COPY OF ORDER DT.19.3.09 OF THE 1ST RESPONDENT. EXT.P11: COPY OF JUDGMENT DT.20.1.98 OF THIS COURT IN WRIT APPEAL NO.590/97. EXT.P12: COPY OF ORDER DT.15.5.91 OF THE 1ST RESPONDENT. EXT.P13: COPY OF ORDER DT.20.3.96 OF THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.15920 Of 2009 -------------------------------------------------- DATED THIS THE 2nd DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner was appointed as an under qualified Lower Primary School Assistant which was approved by the 1st respondent with effect from 7.8.1989. 2. After a number of years, in the year 2004, the petitioner sought for exemption from possessing training qualification for getting various monetary benefits. Therein the petitioner has relied upon various Government Orders which permit grant of exemption. The said application was disposed of by the Government by Exhibit P10 order. 3. A reading of Exhibit P10 order shows that the initial appointment of the petitioner was approved by the Government on extreme compassionate grounds and as the petitioner being an unqualified person he is not eligible to get DA/HRA/increments. The said order is under challenge in this Writ Petition. 4. The respondents have filed a counter affidavit. W.P.(C)No.15920/09 -2- 5. The learned counsel for the petitioner invited my attention to the Government Orders Exhibits P3 to P6 and Exhibits P12 and P13 wherein exemption is found permissible on completion of a particular number of years of service. In Exhibit P3 reference is made to Government Order dated 14.2.1957 whereby untrained teachers (undergraduates) who are above 45 years of age and who have to their credit 20 years of continuous service or 25 years of aggregate service are exempted from training. The benefits of the said exemption was extended by Exhibit P3 order to teachers of all categories. Exhibit P4 is another order dated 20.5.1958. Likewise, Exhibits P5 and P6 are also orders which have been passed by the Government which permits exemption from possessing training qualification. 6. As rightly contended by the learned counsel for the petitioner, none of these orders have been considered by the Government while passing Exhibit P10 order. What is mainly considered therein is the absence of qualification of the petitioner. Truely, therefore the case of the petitioner was not considered in terms of various Government Orders relied upon by the petitioner. W.P.(C)No.15920/09 -3- In that view of the matter, Exhibit P10 is quashed. The Writ Petition is allowed. There will be a direction to the Government to re-consider the matter after notice to the petitioner and after affording an opportunity of hearing to the petitioner. Appropriate orders will be passed within a period of five months from the date of receipt of a copy of this judgment. The petitioner shall produce the copies of the Government Orders he is relying on, along with a representation and along with a certified copy of this judgment, within one month. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn