IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27081 of 2008(Y) PETITIONER: SANTHOSH KUMAR M., AGED 39, S/O.G.LAXMANAN PILLAI, SANTHOSH BHAVAN, KUDAVATTOOR P.O., ODANAVATTOM, KOLLAM, NOW WORKING AS HSA AT KRGPM VHS & HSS, ODANAVATTOM, KOLLAM. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, TRIVANDRUM. 3. THE MANAGER, KRGPM VHS & HSS, ODANAVATTOM, KOLLAM. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 27081 OF 2008 Y -------------------------------------------- Dated this the 5th September, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think, it is necessary to issue notice to the third respondent. Government Pleader takes notice for respondents 1 and 2. 2. The petitioner is working as HSST (Jr) (English) in KRGPM VHS & HSS, Odanavattom in Kollam District. His appointment with effect from 15.7.2005 was stated to be approved. It is stated that the Government sanctioned an additional Humanities batch in the third respondent School as per Ext.P3 Government Order dated 13.10.2000 and issued consequential orders sanctioning additional post of HSST Junior/part time (English). The petitioner claims that he was qualified to be appointed by transfer as HSST (Jr) (English) during the academic year 2001-02 and before 12.11.2001, the date of coming into force of the statutory rules. The appointment of the petitioner was delayed till 15.7.2005. The case of the petitioner is that had the petitioner been appointed by transfer before 12.11.2001, the date of coming into force of the statutory rules, as HSST (Jr) (English), he would have got the benefit of Ext.P2 Government Order W.P.(C) NO.27081 OF 2008 Y :: 2 :: dated 20.11.2004 and would have been treated as HSST (English) irrespective of the workload. The Manager approached the Director of Public Instruction requesting to modify the approval of the appointment of the petitioner and to grant him full time scale with effect from 15.7.2005. The request made by the Manager was rejected as per Ext.P6 order dated 29.11.2007, passed by the Director of Public Instruction. Aggrieved by Ext.P6 order, the petitioner approached the Government by submitting Ext.P7 representation. The grievance of the petitioner has been voiced in Ext.P7 and a request has been made to extend the benefit of the Government Order dated 20.11.2004, notwithstanding the fact that the petitioner was appointed subsequent to the commencement of the statutory rules. Relaxation of the rigour of Rule 1(e) is also prayed for in Ext.P7 representation. Ext.P7 representation is pending disposal. 3. The only relief sought for by the petitioner is to direct the Government to dispose of Ext.P7 representation within a time limit. Learned Government Pleader submitted that the Government will dispose of Ext.P7 representation expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: W.P.(C) NO.27081 OF 2008 Y :: 3 :: a) The first respondent shall consider and dispose of Ext.P7 representation, after affording an opportunity of being heard to the petitioner and the Manager, as expeditiously as possible and, at any rate, within three months. b) The petitioner shall produce copy of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioner shall send a copy of the judgment by registered post to the third respondent and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/