IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 25358 of 2010(T) ---------------------------------------- PETITIONER(S): ----------------------- MANOJ MATHEW L.D.STORE KEEPER, S/O.T.MATHEW, AGED 30 YEARS, TITUS II TEACHERS' TRAINING COLLEGE, TIRUVALLA. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM DISTRICT. 4. THE MANAGER, TITUS II TEACHERS' TRAINING COLLEGE, TIRUVALLA. 5. THE PRINCIPAL TITUS II TEACHER'S TRAINING COLLEGE, TIRUVALLA. 6. SRI JAMES T. UMMEN,L.D.CLERK (UNDER ORDERS OF PROMOTION AS U.D.CLERK, TITUS II TEACHERS' TRAINING COLLEGE, TIRUVALLA. 7. SRI.C.SABU MON LOWER DIVISION CLERK (UNDER ORDERS OF PROMOTION AS U.D. CLERK) TITUS TEACHER'S TRAINING COLLEGE, TIRUVALLA. R5 BY SRI.BABU VARGHESE, SENIOR ADVOCATE R5 BY ADVS. SRI.KAPPILLIL ANILKUMAR, SRI.JOHNSON T. JOHN. R6 & R7 BY ADV. SRI.SAIJU S., SRI.C.SINOY . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO 25358/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REQUEST OF THE PETITIONER DTD. 16.5.07. P2:- COPY OF THE ORDER NO.E2/8042/08/CED OF THE DIRECTOR. P3:- COPY OF THE REQUEST BEFORE THE 2ND RESPONDENT DTD. 31.12.2008. P4:- COPY OF THE -DO- BEFORE THE DIRECTOR DT.8.1.2009. P5:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 2546/2009 DTD. 17.3.2009. P6:- COPY OF THE ORDER NO.E212763/09/COLL.EDN. OF THE 2ND RESPONDENT DTD. 22.9.2009. P7:- COPY OF THE APPEAL FILED BEFORE THE GOVT. 29.9.2009. P8:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 28495/2009 DT. 20.10.1009. P9:- COPY OF THE G.O.(RT) NO.464/2010/H.EDN. OF THE GOVERNMENT DTD. 6.3.2010. P10:- COPY OF THE LETTER OF THE GOVERNMENT DTD. 23.6.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.25358 Of 2010 ----------------------------------------------------- DATED THIS THE 23rd DAY OF FEBRUARY, 2011 J U D G M E N T With consent of all parties, the Writ Petition is taken up for hearing. 2. The learned counsel for the petitioner submitted that as per Exhibit P9 order, the Government directed the Director of Collegiate Education to take a fresh decision with regard to the claim of the petitioner for promotion as U.D.Clerk. It is submitted that thereafter the Government by Exhibit P10 directed the Director of Collegiate Education to take a decision in the matter. 3. Evidently, in Exhibit P9, the Government issued the following directions: “.......... Government feels that the matter needs to be reconsidered since the petitioner should not be subjected to any injustice. In the circumstances, the matter is remanded back to the Director of Collegiate Education for fresh consideration in accordance with the rules governing the declaration of probation and test qualifications for promotion.” W.P.(C)No.25358/10 -2- 4. In that view of the matter, it is upto the 2nd respondent to take a decision in the matter afresh. 5. There will be a direction to the 2nd respondent to take fresh decision in the matter as directed in Exhibit P9 order by the Government after hearing the petitioner and respondents 5 to 7 within a period of two months from the date of receipt of a copy of this judgment. 6. The learned counsel for the petitioner submitted that the 2nd respondent may be directed to take a decision in the light of the decisions of this Court in Baby v. State of Kerala (1992 (1) KLT 173) and Padmanabhan Nair v. Dy.Director (1991 (1) KLT 337(FB). The petitioner will be free to invite the attention of the Director of Collegiate Education about the dictum laid down in the above decisions. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge