IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 30932 of 2011(N) -------------------------- PETITIONERS: --------------- 1. SAJI.O.S., S/O.SANKARANKUTTY, AGED 32 YEARS, PEON, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, THIDANADU, KOTTAYAM DISTRICT. 2. ABDUL HAKKEEM M.M., S/O.M.P.MOHAMMED ESA, AGED 36 YEARS, PEON, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ADUKKOM, KOTTAYAM DISTRICT. 3. V.K.SANIL, S/O.C.A.KUNJU, AGED 35 YEARS, PEON, GOVERNMENT UPPER PRIMARY SCHOOL, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DIRECTOR OF HIGHER SECONDRARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM DISTRICT- 686 001. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.30932/11 PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE PROVISIONAL SENIORITY LIST PUBLISHED BY THE 3RD RESPONDENT. EXHIBIT-P2. TRUE COPY OF THE LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION. EXHIBIT-P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST AND 2ND PETITIONERS. RESPONDENTS' EXHIBITS : NIL T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.30932 of 2011 -------------------------------------------------- DATED THIS THE 6th DAY OF DECEMBER, 2011 JUDGMENT The petitioners are working as Peons in different Vocational Higher Secondary Schools in Kottayam District. As per the Special Rules for the Kerala Higher Secondary Education Subordinate Service Rules, 25% of the total posts of Laboratory Assistant in the Higher Secondary are set apart for qualified Class IV employees in the school and the remaining 75% for direct recruitment. It is pointed out that qualification for the post is pass in 8th Standard and pass in Laboratory Attenders' test conducted by the Public Service Commission. 2. The petitioners are Sl.Nos.59, 79 and 17 respectively in Exhibit P1 provisional seniority list. It is claimed that the petitioners have passed the eligibility test conducted by the Public Service Commission for the post of Laboratory Assistant and Exhibit P2 is the list published by the PSC wherein the petitioners are Sl.Nos.66, 67 and 70 respectively. It is pointed out that there are five vacant posts of Laboratory Assistant available in Kottayam district. It is also their case that so many persons who are working as Laboratory Assistants in Kottayam district W.P.(C)No.30932/11 -2- have not cleared the eligibility test, even after several years. In these circumstances, the petitioners have sought for reversion of unqualified hands and for promotion of the petitioners. 3. The learned Government Pleader submitted that going by the Special Rules, transfer appointees need clear the eligibility test during their period of probation. It is therefore submitted that there is no illegality in the appointments in the 25% of the posts available for Class IV employees. 4. All these are matters for the Government to consider. Therefore, I am not going into the merits of the matter. There will be a direction to the Government to take a decision on Exhibit P3 representation after notice to the petitioner and any other persons likely to be affected by the disposal of Exhibit P3 representation and after calling for various details from the Department and such a decision will be taken within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn