IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 10352 of 2007(G) -------------------------- PETITIONER(S): --------------- O.A.ASOKA KUMARAN, AGED 50 YEARS, S/O.APPUNNY, L.D.CLERK, SREE KRISHNA COLLEGE, GURUVAYOOR (RESIDING AT ODATTIL HOUSE, PATHIYARKULANGARA - 680 552). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR DISTRICT. 4. THE PRINCIPAL SREE KRISHNA COLLEGE, GURUVAYOOR, THRISSUR DISTRICT. R1 BY GOVERNMENT PLENADER SMT.M.T.SHEEBA R3 BY ADV. SRI.M.RAMESH CHANDER, SC, GDB R4 BY ADVS.SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10352 of 2007(G) ----------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF THE G.O.(P) NO.119/04/H.EDN. OF THE GOVERNMENT. EXT.P2. COPY OF THE G.O.(MS) NO.145/04/H.EDN. OF THE GOVERNMENT. EXT.P3. COPY OF THE ORDER OF THE DIRECTOR OF COLL. EDUCATION, TRIVANDRUM. EXT.P4. COPY OF THE REPRESENTATION FILED BEFORE THE ADMINISTRATOR. EXT.P5. COPY OF THE LETTER OF THE ADMINISTRATOR. EXT.P6. COPY OF THE APPEAL FILED BEFORE THE DIRECTOR OF COLLEGIATE EDUCATION. EXT.P7. COPY of the JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.20621/2005-E EXT.P8. COPY OF THE ORDER NO.E6/18210/05/COLL. EDN. OF THE DIRECTOR OF COLL. EDN. EXT.P9. COPY OF THE ARGUMENT NOTES OF THE PETITIONER EXTP10. COPY OF THE G.O. (RT). NO1648/06/H. EDN. OF THE GOVERNMENT EXT.P11. COPY OF THE G.O. (RT) NO.1161/2005/H.EDN. OF THE GOVERNMENT. EXT.P12. COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. NO.545/2004 E. EXTP13. COPY OF THE ORDER NO.ESTT.E1/20423/02/COLL.EDN.K.DIS OF THE DEPUTY DIRECTOR OF COLLEGIATE EDN. EXT.P14. COPY OF THE ORDER NO.F(2) 35380/09/COLL. EDN OF THE DIRECTOR OF COLLEGIATE EDUCATION EXT.P15. COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10352/2007-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2011 J U D G M E N T The writ petitioner, who is now working as Lower Division Clerk in Sree Krishna College, Guruvayoor approached this Court seeking for various reliefs including a direction to the third respondent to promote him as Upper Division Clerk from 25/07/2002 onwards. 2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the Management. 3. Along with I.A.No.14046/2011, the petitioner has produced Ext.P14, namely, the proceedings of the Director of Collegiate Education, Thiruvananthapuram with regard to the staff pattern of the Sree Krishna College. Going by the same, no post of Upper Division Clerk has been sanctioned. The said order is effective from the academic year 2004. Seeking for appropriate relief for sanction of a post of U.D.C on notional basis, the petitioner has filed Ext.P15 representation W.P.(C). No.10352/2007 -:2:- before the Government. Learned counsel for the petitioner prayed that the Government may be directed to take a decision on Ext.P15 within a time frame as the petitioner will attain superannuation from 31/03/2012. 4. In that view of the matter, the writ petition is disposed of directing the Government to take a decision on Ext.P15 representation after notice to the petitioner and respondent Nos.3 and 4 within a period of two months from the date of receipt of a copy of this Judgment. It is made clear that I have not expressed anything on the merits of the claim. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms