IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 625 of 2011(C) ------------------------ PETITIONER: --------------- N.RAVEENDRAN, AGED 54, S/O.NARAYANAN SENIOR ART INSTRUCTOR, COLLEGE OF FINE ARTS THRISSUR, RESIDING AT THANNICKAVATHIL HOUSE ROSE LINE, PURANATTIKARA PO, TRICHUR 680 551. BY ADV. SRI.P.BALAKRISHNAN RESPONDENT(S): --------------------- 1. GOVT. OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY HIGHER EDUCATION(J) DEPARTMENT THIRUVANANTHAPURAM 695 001. 2. DIRECTOR OF TECHNICAL EDUCATION GOVT OF KERALA, THIRUVANANTHAPURAM 695 023. 3. P.P.RAVI, SENIOR ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II COLLEGE OF FINE ARTS, THRISSUR 680020. 4. M.J.JAMES, SENIOR ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II RAJA RAVI VARMA , COLLEGE OF FINE ARTS, MAVELIKKARA 690 101. 5. G.UNNIKRISHNAN ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II RAJA RAVI VARMA OF COLLEGE OF FINE ARTS, MAVELIKKARA 690 101. vk WP(C).No. 625 of 2011(C) -------------------------------- 6. K.N.SASIDHARAN, ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II RAJA RAVI VARMA ,COLLEGE OF FINE ARTS, MAVELIKKARA 690 101. 7. R.RAVEENDRAN ACHARI ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II RAJA RAVI VARMA ,COLLEGE OF FINE ARTS, MAVELIKKARA 690 101. 8. R.SHANAVAS, ART INSTRUCTOR REDESIGANATED AS PROFESSOR GRADE II RAJA RAVI VARMA ,COLLEGE OF FINE ARTS, MAVELIKKARA 690 101. R1 & 2 BY GOVERNMENT PLEADER SMT.NISHA BOSE R7 BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 625 of 2011(C) ------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS ------------------------------ EXT.P1. COPY OF THE APPOINTMENT ORDER AS ART INSTRUCTOR DATED 11.01.1983. EXT.P2. COPY OF THE NATIONAL DIPLOMA CERTIFICATE 1980.5 YEAR COURSE. INSTITUTIONAL STUDY 2ND CLASS . 51% MARK IN PAINTING. EXT.P3 COPY OF BFA CERTIFICATE IN THE MONTH OF OCTOBER 1982 IN PAINTING FROM UNIVERSITY OF KERALA. EXT.P4. COPY OF THE PROSPECTUS OF 5 YEAR NATIONAL DIPLOMA INTRODUCED IN ALL INSTITUTES IN THE YEAR 1988. EXT.P5. COPY OF THE PROMOTION OF THE PETITIONER AS SENIOR ART INSTRUCTOR IN THE YEAR 1998 EXT.P6. COPY OF THE GRADATION LIST DT. 2.5.2008. PETITIONER'S RANK IN 4TH POSITION AS SENIOR ART INSTRUCTOR. EXT.P7. COPY OF THE REPRESENTATION DATED 27.6.2008 TO INCLUDE PETITIONER'S NAME IN THE PROMOTION ORDER. EXT.P8. COPY OF THE PROMOTION ORDER DT. 28.6.2008 EXCLUDING PETITIONER. EXT.P9. COPY OF THE COMMON JUDGMENT IN WPC NOS.22018/2008, 23168/2008 AND 23841/2008 CHALLENGED THE EXT. P8 EXT.P10. COPY OF THE REVISED REDESIGNATING ORDER DT. 5.1.2010 RELAXING THE QUALIFICATION RULES. EXT.P11. COPY OF THE COMMON JUDGMENT DT. 20.1.2010 IN THE WRIT APPEALS NOS. 2519/2009 , 2112/2009 AND 2537/2009 FILED BY 1ST RESPONDENT. EXT.P12. COPY OF THE GRADATION, LIST DTED 18.2.2010. EXT.P13. COPY OF IMPLEMENTING OF REVISED REDESIGNATION ORDER DT. 23.2.2010. WP(C).No. 625 of 2011(C) --------------------------------- EXT.P14. COPY OF THE WRITTE REPRESENTATION BY PETITIONER TO 1ST RESPONDENT FOR REDESIGNATING HIS POST AS PROFESSOR GRADE II DATED 10.5.2010. RESPONDENT'S EXIBIT ---------------------------- EXT.R2 (A). COPY OF THE GO. (P) 215/88/H.EDN. DT. 11.10.88 / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.625/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2011 J U D G M E N T The petitioner, at the time of filing of the writ petition was working as Senior Art Instructor in the College of Fine Arts, Thrissur. He seeks for various directions including a direction to respondent Nos. 1 and 2 to redesignate the petitioner's post as Professor Grade-II as that of respondent Nos. 5 to 8 as per orders Exts.P10 and P13, and there is a further prayer to disburse the monetary benefits also. 2. The service particulars of the petitioner show the following: He entered service on 11/01/1983 as Art Instructor. Ext.P1 is the copy of the appointment order. It is stated that the petitioner acquired National Diploma in Painting in 1980 and was awarded second class with 51% marks and Ext.P2 is the certificate showing the same. 3. He was also awarded Degree of Bachelor of Fine Arts (BFA) in Painting in October, 1982 from the University of Kerala as evident from Ext.P3. W.P.(C). No.625/2011 -:2:- 4. It is averred in the writ petition that the petitioner was a member of the teaching staff and has also been taking classes for the students of the National Diploma course in the Institute of Fine Arts. The Institutes of Fine Arts of Kerala were upgraded to the status of Colleges by the Government and the old teaching staffs were deployed to various posts like Principal, Professors Grade-I and II and Lecturers. Some new appointments were also made, according to the petitioner, without granting promotion to incumbents or redesignating their posts. 5. Ext.P5 is the order promoting the petitioner as Senior Art Instructor, issued in 1998. Going by Ext.P6 Provisional Gradation List, the petitioner is serial No.4 in the list of Senior Art Instructors as on 31/07/2007. 6. Respondents 5 to 8 were granted, according to the petitioner, promotions overlooking the claim of the petitioner which prompted him to file Ext.P7 representation. Therein, the prayer is to promote him to the post of Professor Grade-II after considering his W.P.(C). No.625/2011 -:3:- long 26 years of service. Ext.P8 is an order dated 28/06/2008 whereby various promotions were made but the petitioner was not included therein. This was challenged by the petitioner and two others in W.P.(C). No.22018/2008 and connected cases and Ext.P9 is the Judgment rendered in those cases. 7. Petitioner points out that by Ext.P10, relaxing the qualification respondents 5 to 8 were given accommodation as Professor Grade-II and Lecturer. The same is dated 05/01/2010. Therein, five names have been included and the relaxation is granted by invoking Rule 39 of Part II Kerala State and Subordinate Service Rules, 1958. Ext.P11 is the Judgment in Writ Appeal No.2519/2009 and connected cases. Again the Government passed Ext.P13 order redesignating the post of respondent Nos.5 to 7 (Art Instructors) as Professor Grade-II and respondent No.8 (Art Instructor) as Lecturer. Ext.P14 is the representation filed by the petitioner seeking for consideration of his case also, evidently, by invoking Rule 39 of Part II K.S & S.S.R. W.P.(C). No.625/2011 -:4:- 8. The second respondent has filed a counter affidavit. Various aspects have been pointed out therein and one of the factor pointed out is that the petitioner possessed only 52% marks so he was not considered and persons who have been granted relaxation were having 55% marks as prescribed by Ext.R2(a) Special Rules. Finally, in para.7 it is averred as follows:- “The petitioner's representation has been received and correspondence is still going on with the Government and decision is pending and so the petitioner's grievance that his representation was not considered is not true.” 9. The learned counsel for the petitioner submitted that the petitioner alone is singled out even though he is senior in the category. It is submitted that by granting benefits to respondents 5 to 8, respondents 1 and 2 have not considered the plight of the petitioner, who was having long number of service in the institution and sufficient teaching experience also. My attention was invited to various documents, W.P.(C). No.625/2011 -:5:- to supplement that, as far as the petitioner is concerned, he is senior and, therefore, the powers under Rule 39 of Part II K.S. & S.S.R ought to have been invoked to save the petitioner from the present predicament. 10. Ext.P8 order issued by the Government is a composite one whereby orders have been passed in relaxation of Rule 39 of Part II K.S. & S.S.R. Therein, para.4 shows that one Shri G.Ghosh working as Art Instructor in Sculpture, College of Fine Arts, Thrissur having teaching experience of more than 18 years, who is also having National Diploma in Painting, but secured below 55% marks shall be considered for the post of Professor Grade-II relaxing the qualification condition with regard to the marks considering his prolonged service in the field of teaching. When compared to the petitioner, he was having 18 years of service whereas the petitioner is now having 27 years of teaching experience. Therefore, as Shri G.Ghosh has already been granted relaxation, who was having less W.P.(C). No.625/2011 -:6:- than 55% marks, the same yardstick can be applied to the petitioner also. 11. In that view of the matter, there will be a direction to the Government to consider and pass orders on Ext.P14 in the light of relaxation granted to various persons in Exts.P8 and P10 orders. Appropriate orders will be passed within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is accordingly disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms