IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 5710 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------- C. ABDUL RAZAK,S/O. ALAVI, AGED 49 EYARS, CLERK, SOOPIKUTTY NAHA MEMORIAL HIGHER SECONDARY SCHOOL, BEACH ROAD, PARAPPANANGADI 676 303. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA, SRI.T.V.VIJAYARAJAN, SRI.M.SAJJAD. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 4. THE HEADMASTER, SOOPIKUTTY NAHA MEMORIAL HIGHER SECONDARY SCHOOL, BEACH ROAD, PARAPPANANGADI 676 303. 5. THE MANAGER, SOOPIKUTTY NAHA MEMORIAL HIGHER SECONDARY SCHOOL, BEACH ROAD, PARAPPANANGADI 676 303. R1 TO R3 BY GOVERNMENT PLEADER SMT. N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5710/2008 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF THE PETITIONER DTD. 23/01/2004. P2: COPY OF THE ORDER NO.F4/12399/05 OF THE DY.DIRECTOR OF EDUCATION DTD. 09/11/2005. P3: COPY OF THE CIRCULAR NO.75633/J3/92/G.EDN. OF THE GOVERNMENT DTD. 19/11/1994. P4: COPY OF THE CIRCULAR NO.26790/J3/2006/G.EDN. OF THE GOVERNMENT DTD. 29/07/2006. P5: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DY.DIRECTOR OF EDN. DTD. 01/09/2006. P6: COPY OF THE ORDER NO.F4/12399/04 OF THE DY.DIRECTOR OF EDN. DTD. 18/10/2006. P7: COPY OF THE REPRESENTATION FILED BEFORE THE GOVERNMENT DTD. 31/01/2006. P8: COPY OF THE ..DO... FILED BY THE MANAGER DTD. 14/11/2007. P9: COPY OF THE ORDER NO.15596/N2/06/G.EDN. OF THE GOVERNMENT DTD. 09/08/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5710/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of December, 2010 J U D G M E N T The petitioner is working as Clerk in the fifth respondent's Higher Secondary School. He was originally appointed as Full Time Menial on 14/01/1985 and later was promoted as Clerk on 28/09/1993 against a leave vacancy of one A.K.Kunhamma. When she rejoined service, he was reverted as Full time Menial on 07/02/1994 and again was promoted as Clerk with effect from 15/07/1995 against an additional post of Clerk sanctioned in the school. The appointment was approved, probation was declared and yearly increments were sanctioned to the petitioner. Ext.P1 shows that he had passed the Departmental test also. But, later by Ext.P2, the Deputy Director of Education objected the declaration of probation and grant of increment to the petitioner for want of departmental test. According to the petitioner, the same is not a condition prescribed for declaration of probation of aided school clerks by any Rules. W.P.(C). No.5710/2008 -:2:- 2. Seeking for appropriate direction in the matter and to quash the records relating to Exts.P2, P3, P6 and P9 this writ petition has been filed. 3. The learned counsel for the petitioner brought to my notice G.O.(MS).No.16/10/Gl.Edn.D dated 18/01/2010 wherein the Government has exempted the aided school clerks who have entered service prior to 29/07/2006 from passing Departmental test for declaring probation and grant of Higher Grader. Since the petitioner is promoted as Clerk prior to the said date, he will be entitled for the benefit of the said order. In the light of the above, the impugned orders Exts.P6 and P9 are quashed. There will be a direction to the competent authority to pass appropriate orders in the light of the Government Order above cited and to effect payment of arrears to the petitioner within a period of three months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms