IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 8833 of 2007(B) ------------------------------------- PETITIONERS: --------------------- 1. LAIJU VARGHESE.N, NEYYAN HOUSE, CHELLI PARAMBA ROAD, IRINJALAKUDA. 2. BIJU VARGHESE,POZHOTHU PARAMBIL HOUSE, AVITTATHOOR P.O, KALLENIKARA, IRINJALAKUDA. BY MR.P.RAVINDRAN, SENIOR ADVOCATE. RESPONDENTS: ------------------------ 1. GOVERNMENT OF KERALA, REP.BY ITS SECRETARY,DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION,THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION,THIRUVANANTHAPURAM. 4. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR. 5. CHRIST COLLEGE, IRINJALAKUDA, REP.BY ITS PRINCIPAL. R1 TO R3 BY GOVT. PLEADER MR. ARAVINDAKUMAR BABU.T.K., R4 BY ADV.MR.P.C.SASIDHARAN, SC, CALICUT UTY., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8833/2007-B: J U D G M E N T Neither the counsel nor the petitioners are present. The Writ Petition is dismissed for default. 05/08/2009. SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 8833 OF 2007 = = = = = = = = = = = = = == = = = = = = = Dated this the 19th day of October 2009. JUDGMENT Petitioners are presently working as Last Grade Servants in Christ College, Irinjalakkuda. They were appointed on a contractual basis. Thereafter, they responded to Ext.P1 notification issued by the 5th respondent, inviting applications. They were appointed. But later, the Director of Collegiate Education declined approval of their appointment as evidenced by Ext.P19 order, which have been challenged in the writ petition. 2. Counter affidavit has been filed by the 2nd respondent. 3. The reasons which persuaded the Director to take a decision are as follows:- “ In the Government Order read as 3rd paper above introducing new staff pattern it was clearly stated that a college shall not make any fresh recruitment to any of the existing or future regular vacancies until the total existing Non teaching staff in position in that College including supernumeries are permanently reduced to the revised staff strength. There are 17 posts of LGS ie, Watchman, Peons, Scavenchers etc, in the college. It is true that as per Ext.P16 order, 5 W.P.(C). No. 8833 OF 2007 2 posts of Peons are permissible. It is also shown in the order that a total No. of 12 posts of LGS, including 5 posts of Peons are surplus. As per Ext.P17 statement submitted by the Principal there are 4 vacancies of Peons. Since Peon is a category coming under LGS, recruitment to these 4 vacancies cannot be made until all the surplus posts in the LGS (12 Nos.) are eliminated as per the Govt. Order mentioned above. So no further appointment is permissible in the Christ College at present.” 4. The Director therefore proceeded on the premise that as indicated by the Staff Fixation Order (Ext.P16), only 5 posts of Peons are permissible. But there are 17 Last Grade Servants in the College and therefore 12 were rendered a surplus. The Director therefore went on to observe and as per the statement submitted by the Principal, there are 4 vacancies of Peons. But recruitment to these vacancies can be done only after the surplus posts in LGS were eliminated. It is in this regard that the Director declined approval for the appointment of the petitioners. 5. Petitioners referred to Ext.P20 communications sent by the Management, subsequent to Ext.P19, referring to the revised staff pattern. Details of the service of the persons shown as last W.P.(C). No. 8833 OF 2007 3 grade staff as on 23.02.2007 is given. Going by Ext.P20, there were only 4 last grade staff in the College as on 23.02.2007. As per Ext.P16 revised staff fixation order, there are 5 posts in the LGS sanctioned in favour of the College. Therefore, if the vacancy position in Ext.P20 is correct, then there is one more vacancy at present. Reference is made to Ext.P21 order of the Government produced along with reply affidavit, which was inter alia classifies the different posts in Collegiate Education Department. The post of Peon, Sweeper, Sanitation Worker, Night Watchman, Gasman, Gardnor, etc. are classified as Group-1. Even going by Ext.P21, if the details given in Ext.P20 are correct, then there would only be 4 persons, in Group-1 in the College at present, contends the learned Counsel for the petitioner. According to him, a further verification of vacancies or the vacancy position as on date may be done by the Director. 6. Learned Government Pleader submits that the Staff Pattern issued under Ext.P16 will have to remain intact and the re-verification of the vacancy position can be done only on the said basis. W.P.(C). No. 8833 OF 2007 4 7. In the result, the writ petition is disposed of directing the second respondent to consider Ext.P20 in the light of Ext.P21 and any other supplementary representation which the petitioner may file within six months from the date of receipt of a copy of this judgment. On receipt of the same, fresh orders shall be passed by the Director on the claim of the petitioners, treating the same as a claim made by the Management itself and after notice to the Management also, within two months from the date of the representation along with the copy of the judgment. Petitioner shall produce a copy of the writ petition along with the counter and reply affidavit submitted by the 2nd respondent. Interim order granted by this Court shall continue till such orders are passed by the Director of Collegiate Education. (V.GIRI) JUDGE kkms/