IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32584 of 2008(D) -------------------------- PETITIONER(S): --------------- K.G.RAJU, AGED 53 YEARS,S/O.SHRI GEORGE, WORKING AS CLERK, ALL SAINT'S HIGH SCHOOL, PUTHAYAM, KARUKONE-P.O, KOLLAM DISTRICT (RESIDING AT VALIYAVILA CANAN HOUSE, PUTHAYAM, KARUKONE.PO, ANCHAL, KOLLAM DISTRICT-691324). BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARYH TO GOVERNMENT, GENERAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATION OFFICER, DISTRICT EDUCATION OFFICE, PUNALUR, KOLLAM DIST. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.32584 of 2008 --------------------------------- Dated, this the 5th day of November, 2008 J U D G M E N T The petitioner is presently working as a Clerk in an aided school. According to him, he was entitled to the benefit of Ext.P1 Government Order dated 29/07/2006 granting exemption to Clerks, who were appointed in aided schools before 19/11/1994, from acquiring test qualification. It is stated that claiming the benefit of Ext.P1, he applied for higher grade, by his application dated 15/01/2007. However, the District Educational Officer kept the request pending without passing any order. According to him, several persons including one Shri.T.M.Saifudeen and one Shri.C.T.Abraham, who applied for the benefit of Ext.P1 subsequent to 15/01/2007, were given the benefit of Ext.P1. The petitioner submits that while his request was thus kept pending, Ext.P2 order was issued by the Government on 26/12/2007 withdrawing Ext.P1. WP(C) No.32584/2008 -2- 2. Thereafter, complaining that he alone has been discriminated in the matter, and that the people, who applied subsequent to him have been granted the benefit, the petitioner has submitted Ext.P5 representation before the 2nd respondent. In this writ petition, the petitioner seeks a direction that in view of the discrimination that has been meted out to him, the 2nd respondent should be directed to extend the benefit of Ext.P1. 3. However, having regard to the fact that the matter is yet to be decided by the authorities concerned, I do not think, at this stage, it will be proper for this Court to issue any such positive direction as sought by the petitioner. Therefore, I direct that the 2nd respondent, before whom Ext.P5 representation is stated to be pending, shall take up, consider and pass orders on the same in the light of the relevant orders, with notice to the petitioner. 4. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this WP(C) No.32584/2008 -3- judgment. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg