IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20803 of 2008(B) -------------------------- PETITIONER: ------------ JILSON P.PETER, S/O. P.M.PETER, NOW WORKING AS LAB ASSISTANT, SALVATION ARMY HSS KAUDIAR, THIRUVANANTHAPURAM, RESIDING AT VAZHAKUDI MELE VEEDU, MARUTHATHUR, CHAYIKOTTUKONAM, NEYYATTINKARA, THIRUVANANTHAPURAM BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEAPRTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS SANTHI NAGAR, THIRUVANANTHAPURAM 3. THE MANAGER, SALVATION ARMY HIGHER SECONDARY SCHOOL, KAUDIAR, THIRUVANANTHAPURAM BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20803 of 2008 B -------------------------------------- Dated this the 14th day of July, 2008. J U D G M E N T The petitioner states that he was appointed as Full Time Menial in the Salvation Army Higher Secondary School, Kawdiar, Thiruvananthapuram, with effect from 1.4.1999 in a vacancy which arose due to the promotion of the Head Clerk. The petitioner was promoted as Peon with effect from 4.4.2000 as per Ext.P2 order. It is stated that from the academic year 2002-2003 onwards, there were four posts of Lab Assistants available in the school and the petitioner was promoted and appointed as Lab Assistant by Ext.P3 order dated 1.10.2004. The appointment of the petitioner as Lab Assistant was approved by the Director of Higher Secondary Education as per Ext.P4 order. The petitioner relies on G.O.(Rt) No.3588/2006/G.Edn. Dated 16.8.2006 and states that his probation is liable to be declared as having been satisfactorily completed. It is further stated in the Writ Petition that the Government passed an order, No.70576/T1/2007/G.Edn. Dated 29.12.2007 (Ext.P6), cancelling the approval of the appointment of the petitioner as Lab Assistant. This order was passed without hearing the petitioner. On the basis of Ext.P6 order, the Director of Higher Secondary Education has passed Ext.P7 order dated 5.6.2008, cancelling the appointment of the petitioner as Lab Assistant. WP(C) No.20803/2008 2 2. The reliefs prayed for in the Writ Petition are the following:- “(i) call for the records from the respondents leading to the issuance of Exts.P6 and P7 orders and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction; (ii) declare that the petitioner is entitled for being appointed as Lab Assistant in the Salvation Army Higher Secondary School, Kawdiar, Thiruvananthapuram in the fourth vacancy of Lab Assistant which existed therein for the academic year 2002-03 going by the number of laboratories and the students' strength available in the school; and (iii) pass such other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case.” 3. The petitioner is entitled to challenge Ext.P7 order before the Government in revision. The learned counsel for the petitioner submits that since Ext.P7 order was passed as a consequence of Ext.P6 order passed by the Government and that too without hearing the petitioner, there is WP(C) No.20803/2008 3 no point in filing revision before the Government. Learned Government Pleader submits that if a revision is filed before the Government that will be considered on the merits and Ext.P6 order would not be taken as an impediment in considering the revision expeditiously on the merits. 4. In the light of the submissions by the learned counsel for the petitioner and the learned Government Pleader, the Writ Petition is disposed of in the following manner:- (i) The petitioner is given liberty to file revision against Ext.P7 order before the first respondent, within a period of three weeks. If such a revision is filed, the first respondent shall dispose of the same on the merits, after affording an opportunity of being heard to the petitioner. (ii) The first respondent shall consider the merits of the contentions raised by the petitioner and Exts.P6 and P7 orders should not stand in the way of the first respondent in considering the revision on the merits. If it is found that the contentions of the petitioner are genuine and that Ext.P6 order does not reflect the true state of affairs, the first respondent shall pass appropriate orders accepting those contentions and modifying Ext.P6 order appropriately. If it is found that the contentions of the petitioner are not liable to be accepted, nothing prevents the first respondent from confirming Ext.P6 order. WP(C) No.20803/2008 4 (iii) The petitioner shall submit along with the revision a copy of the Writ Petition and a certified copy of the judgment. (iv) The first respondent shall afford an opportunity of being heard to the third respondent Manager as well. (v) The first respondent shall dispose of the revision within a period of two months from the date of receipt of the same. (vi) Till the disposal of the revision, Exts.P6 and P7 orders shall be kept in abeyance. (vii) The petitioner shall send a copy of the judgment to the Manager by registered post and shall produce proof of the same before the first respondent. K.T. SANKARAN, JUDGE. cks