IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH JULY 2007 / 4TH SRAVANA 1929 OP.No. 22975 of 2002(I) ---------------------------- PETITIONER: ---------------- RAJITH KUMAR, WORKSHOP INSTRUCTOR, TECHNICAL HIGH SCHOOL, PAYYOLI-673 522. BY ADV. SRI.P.M.PAREETH RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.22975/2002 ORDER ON CMP. NO.39375/2002 IN OP. 22975/2002 DISMISSED 26.07.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE GOVERNMENT CLARIFICATION NO.24208/PRU, 1/98/FIN. DT. 24.6.96. EXT.P2:- COPY OF THE MARK LIST IN MECHANICAL ENGINEERING EXAMINATION ISSUED TO THE PETITIONER. EXT.P3:- COPY OF THE REPRESENTATION DT. 20.9.01 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4:- COPY OF THE COMMUNICATION DT. 22.1.02 NO.35191/J3/01/H.EDN, ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P5:- COPY OF THE PROCEEDINGS NO.EC4/27180/93/DTE DT. 27.11.97 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE PROCEEDINGS NO.1480/2000/RDTEC DT. 31.5.2000 ISSUED BY THE JOINT DIRECTOR, RDTE, KOZHIKODE. EXT.P7:- COPY OF THE PROCEEDINGS NO.A1-2678/99/RDTEC/K.DIS DT. 10.3.2000 ISSUED BY THE JOINT DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOZHIKODE. EXT.P8:- COPY OF THE RELEVANT PORITIONOF THE ORDER DT. 25.11.98. EXT.P9:- COPY OF THE GO. DT. 12.7.04.6 /TRUE COPY/ P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = O.P.No.22975 of 2002-I = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of July, 2007. JUDGMENT The petitioner entered the service as a Workshop Instructor on 27-7-1989. The authorities have conceded the position that he was entitled to be considered for the first higher grade on completion of 10 years on 28-3-1999 reckoning also certain earlier spells of provisional service. The short issue is as to what is the scale to which his higher grade has to be granted. According to the petitioner, he is entitled to the scale of Assistant Lecturer. But the impugned Ext.P4 has been issued by stating that the category of Assistant Lecturer was abolished on 28-2-1997, but Ext.P9 produced along with the reply affidavit would show that the post of Assistant Lecturer was abolished since 5/2000 on the instructions of the AICTE. If that were so, on OP22975/2002 -: 2 :- 28-3-1999 the category of Assistant Lecturer was very much there. This also appears to be the submission of the petitioner on the basis of Ext.P8 pay revision order. Under the aforesaid circumstances, this writ petition is disposed of directing that the Government will reconsider Ext.P4 after affording the petitioner an opportunity of being heard within three months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/- OP22975/2002 -: 3 :- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = O.P.No.22975 of 2002-I = = = = = = = = = = = = = = = = = = = JUDGMENT Dated: 26th July, 2007.