IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 20231 of 2007(H) ------------------------------------ PETITIONER(S): ---------------------- V.RATHEESH, AYINATHARAYIL, KAKKANAD WEST P.O., ERNAKULAM. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENT(S): ------------------------ 1. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ODAKKALI, ERNAKULAM DISTRICT. 3. A.R.VIJAYAKUMAR, VOCATIONAL(TEACHER), RUBBER TECHNOLOGY, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ODAKKALI, ERNAKULAM DISTRICT. *4. THE PRINCIPAL, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL (T.H.S), PAMPADY, VELLOOR P.O., KOTTAYAM DIST. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 06/08/07 IN IA NO. 10524/2007. ADV. SRI.T.A.UNNIKRISHNAN FOR R3 SRI.P.P.BIJU FOR R3 GOVT. PLEADER SRI. T.T. MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20231/2007 H APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE RANK LIST NO. 33/07/SS VI DATED 2/4/07 BY THE PSC. EXT.P2. COPY OF THE RANK LIST NO. 34/07/SSVI DT. 2/4/07 BY THE PSC. EXT.P3. COPY OF THE ADVICE LIST DT. 21/5/07 BY THE PSC. EXT.P4. COPY OF THE APPOINTMENT ORDER DT. 6/6/07 BY THE R1 TO THE PETITIONER. EXT.P5. COPY OF THE APPOINTMENT ORDER DT. 6/6/07 BY THE R1. EXT.P6. COPY OF THE APPOINTMENT ORDER NO. E1. 8484/07(2) DT. 6/6/07 BY THE R1. EXT.P7. COPY OF THE LETTER NO 1/2007, DT. 21/6/07 OF THE R2 TO THE R1. EXT.P8. COPY OF THE REPRESENTATION DT. 22/6/07 BY THE PETITIONER TO THE R1. EXT.P9. COPY OF THE REPRESENTATION DT. 25/6/07 BY THE PETITIONER TO THE R1 TOGETHER WITH THE NOTING BY THE R1 IN IT. EXT.P10. COPY OF THE ORDER NO. E1. 8484/07(1) DT. 5/7/07 BY THE R1. EXT.P11. COPY OF THE LETTER NO. A6. 97/06-07 DT. 09/07/07 OF THE PRINCIPAL OF VHSS, PAMPADY TO THE R1. EXT.P12. COPY OF THE REPRESENTATION DT. 09/07/07 BY THE PETITIONER TO THE R1. EXT.P13. COPY OF THE ORDER NO. E1. 11583/07 DT. 26/7/07 BY THE R1. EXT.P14. COPY OF THE LETTER NO. A6. 97/07 DT. 27/7/07 OF THE R4 TO THE R1. EXT.P15. COPY OF THE TELEGRAPHIC MESSAGE DT. 10/08/07 BY THE R1 TO THE PRINCIPAL GOVT. VHSS PAMPADY. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20231 of 2007-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. JUDGMENT The petitioner herein was rank No.1 in the ranked list for appointment as Vocational Teacher in Rubber Technology. Along with two other persons, the petitioner was advised by the Public Service Commission for appointment. The petitioner received the advice memo dated 21.5.2007. All the three candidates included in Ext.P3 advice list, were served with appointment orders dated 6.6.2007, issued by the first respondent. The appointment order issued to the petitioner is produced as Ext.P4. The petitioner was posted to Government Vocational Higher Secondary School, Odakkali in Ernakulam District. The other two candidates were issued appointment orders as per Exts.P5 and P6. The petitioner thereafter reported for duty before the second respondent on 21.6.2007. But the petitioner was not permitted to join duty on the ground that the third respondent is working as a provisional promotee, in the said post. Thereafter, the petitioner submitted Ext.P8 representation after presenting himself before the first respondent. On the said representation, the first respondent made an endorsement that the petitioner is permitted to work in wpc 20231/2007 2 the Headquarters from 25.6.2007. In these circumstances, the petitioner approached this court seeking for a direction to implement Ext.P4 and to issue orders for enabling him to join duty. 2. As per the interim order dated 25.7.2007, this court directed that the petitioner shall be admitted to duty on or before 28.7.2007 at Pampadi in the existing leave vacancy. Accordingly, the petitioner joined duty on 10.8.2007 at Government Vocational Higher Secondary School, Pampadi. Therefore, the main prayer in the writ petition does not survive as on today. 3. What remains is the request of the petitioner to treat the period from 6.6.2007 to 10.8.2007 as duty for all purposes including consequential benefits for release of salary. Even though the petitioner has sought the said benefit from 6.6.2007, i.e. the date of Ext.P4, as rightly pointed out by the learned Govt. Pleader, he will be entitled to the said benefits only from 21.6.2007 on which date he reported for duty before the second respondent. 4. Therefore, the first respondent is directed to pass appropriate orders in the matter to grant the due benefits to the petitioner in respect of the said period. This shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/