IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 25403 of 2010(A) --------------------------------------- PETITIONER: ------------------- R.SURESH KUMAR, F.T.MENIAL, D V M N N M HIGHER SECONDARY SCHOOL, MARANALLOOR, KOOVALASSERY P.O., NEYYATTINKARA, FROM THOTTACHAL THALANIRA PUTHENVEEDU, ARUVIKKARA, -DO-. BY ADV. SRI.S.JAMES VINCENT. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 3. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA-695 121. 4. THE MANAGER, D V M N N M HIGHER SECONDARY SCHOOL, MARANALLOOR, KOOVALASSERY P.O., NEYYATTINKARA-695 121. R1 TO R3 BY GOVT. PLEADER SRI. T.T. MUHAMOOD, R4 BY ADV. SRI.G.S.REGHUNATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25403/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 18/01/2002 IN W.A. NO.1863/2001 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE PETITIONER'S APPOINTMENT ORDER DTD. 02/06/2003 WITH D.E.O'S ENDORSEMENT OF APPROVAL DTD. 06/07/2004. EXT.P.2.A: COPY OF THE PETITIONER'S APPOINTMENT ORDER DT. 27/03/2002 WITH DEO'S ENDORSEMENT OF APPROVAL DT. 29/01/2009. EXT.P.3: COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE GOVERNMENT, ON 30/06/2005. EXT.P.4: COPY OF THE LETTER NO.M-17/05 DTD. 29/11/2005 SUBMITTED BY THE R.4. TO THE D E O, NEYYATTINKARA. EXT.P.4.A: COPY OF THE PROCEEDINGS NO.M-18 DTD. 24/11/2005 OF THE R.4- MANAGER. EXT.P.5: COPY OF THE LETTER NO.ET(5)/59760/05/DPI DTD. 22/05/2007 ADDRESSED BY THE D.P.I TO THE GOVERNMENT. EXT.P.6: COPY OF THE LETTER NO. ET (5)/59760/05/DPI DTD. 22/11/2007 ADDRESSED BY D.P.I TO THE GOVERNMENT. EXT.P.7: COPY OF THE LETTER NO. ET(5)/59760/05/DPI DTD. 19/04/2008 ADDRESSED BY THE D.P.I TO THE GOVERNMENT. EXT.P.8: COPY OF THE NOTICE NO.73379/N2/07/G. EDN. DTD. 02/06/2008 ISSUED BY THE GOVERNMENT TO THE PETITIONER. EXT.P.9: COPY OF THE LETTER NO.73379/N2/07/G. EDN. DTD. 28/08/2008 ISSUED TO THE PETITIONER BY THE GOVERNMENT. EXT.P.10: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE D.E.O ON 08/04/2009, WITH THE OFFICIAL ENDORSEMENT. EXT.P.11: COPY OF THE LETTER NO. 25/09 DTD. 18/06/2009 SENT BY THE PRINCIPAL TO THE D.E.O. EXT.P.11.A: COPY OF THE STATEMENT OF FIXATION OF PAY FORWARDED BY PRINCIPAL TO D.E.O, ENCLOSED WITH EXT.P.11. EXT.P.11.B: COPY OF THE OPTION, ENCLOSED WITH EXT.P.11. EXT.P.12: COPY OF THE LETTER NO. B3/5351/09 DTD. 07/08/2009 ISSUED BY THE D.E.O TO THE HEAD MASTER. W.P.(C). NO.25403/2010-A: EXT.P.13: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE GOVERNMENT ON 08/09/2009, THROUGH THE HEADMISTRESS. EXT.P.13.A: COPY OF THE REVISED OPTION ENCLOSED WITH P.13. EXT.P.14: COPY OF THE LETTER NO. 64/09 DTD. 14/09/2009 SENT BY THE HEADMISTRESS TO THE GOVERNMENT. EXT.P.15: COPY OF THE LETTER NO. 65223/N2/09/G. EDN. DTD. 23/12/2009, ISSUED BY GOVERNMENT TO THE D.E.O., NEYYATTINKARA. EXT.P.16: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE GOVERNMENT ON 26/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.25403 Of 2010 ----------------------------------------------------- DATED THIS THE 13th DAY OF JANUARY, 2011 J U D G M E N T The petitioner has filed this Writ Petition challenging Exhibit P15 communication by the Government to the District Educational Officer. Seeking for a reconsideration of the matter, the petitioner moved the Government by filing Exhibit P16 styled as a Review Petition. The learned counsel for the petitioner prayed that the Government may be directed to take a decision on Exhibit P16 after hearing the petitioner. 2. The short facts leading to the dispute are the following: The petitioner's father was a peon in the DVMNNM High School, Maranalloor, who died in harness on 8.9.1971. When the petitioner was denied the right to make appointment under the dying in harness scheme as a Peon, he filed O.P.No.21935/99 before this Court which was allowed against which the Manager filed Writ Appeal No.1863/2001,which was also dismissed as per Exhibit P1 judgment. He was finally appointed as per Exhibit P2 order on 2.6.2003. According to the petitioner, he was entitled for appointment and approval from 27.3.2002 and accordingly, he had been moving the Manager and the educational authorities and finally by Exhibit P2(a), the appointment was made effective from 27.3.2002. W.P.(C)No.25403/10 -2- 3. Since the petitioner was granted fixation originally only from 2.6.2003, the petitioner had been moving the DEO and other authorities for proper fixation of pay by counting his service from 27.3.2002 to 1.6.2003. The same was finally granted by Exhibit P9 by the Government. Since the same was not implemented, the matter was again under correspondence and finally, the Government issued Exhibit P15 by way of an instruction to the District Educational Officer. 4. The learned Government Pleader submitted that Exhibit P16 has been forwarded to the Accountant General. Therefore, there will be a direction to the Government to reconsider the matter as prayed for by the petitioner in Exhibit P16, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment, untrammeled by the observations contained in Exhibit P15. The petitioner will forward a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn