IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32594 of 2011(Y) -------------------------------- PETITIONER: -------------- THANKAMONY.B, LAB ASSISTANT, HIGHER SECONDARY EDUCATION, GOVERNMENT HIGHER SECONDARY SCHOOL, PAKALKURY, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER SECONDARY EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM -695 001. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, SANTHINAGAR, THIRUVANANTHAPURAM - 695 001. 3. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, PAKALKURY, PAKALKURY.P.O, THIRUVANANTHAPURAM -695 001. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32594/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1 TRUE COPY OF THE ORDER NO. ADA4-7819/2000/HSE DATED 16/09/2006. EXHIBIT-P2 TRUE COPY OF THE G.O(RT)NO.3588/2006/G.EDN. DATED 16/08/2006. EXHIBIT-P3 TRUE COPY OF THE LETTER NO. AD.A3/30020/2011 DATED 24/09/2011. EXHIBIT-P4 TRUE COPY OF THE REPRESENTATION DATED 05/07/2011 FILED BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32594 OF 2011 --------------------------------------- Dated this the 7th day of December, 2011. J U D G M E N T The petitioner herein seeks for a direction to the Government to take a decision on Ext.P4 representation. The request therein is to exempt her from the obligation to pass Higher Secondary Lab Assistant Test. 2. The petitioner is presently working as Lab Assistant in the Government Higher Secondary School, Pakalkury. It is submitted that the petitioner has already completed long number of years of service on different posts and is due to retire from service on 31.03.2012. Even though the petitioner appeared for the Lab Assistant Test on 17.06.2010, she failed to pass the same. Thereafter, the Public Service Commission has not conducted the test till this date. As on today, her probation is not declared and only two increments have been sanctioned and W.P.(C) No.32594/2011 2 the balance increments are yet to be disbursed. 3. In the light of the above position, the petitioner approached the Director of Higher Secondary Education to exempt her from passing the Lab Assistant Test to which Ext.P3 reply was given by the Director. In Ext.P3, it is mentioned that similar matters are pending consideration before the Government and therefore, a decision at the Government level is required. It is in these circumstances the petitioner has filed Ext.P4 representation before the Government. 4. Learned counsel for the petitioner submitted that the petitioner is due to retire from service on 31.03.2012 and there is no possibility to acquire the test qualification prior to the date of retirement and unless exemption is granted, the petitioner will be really affected. This is a matter for the Government to consider. There will be a direction to the Government to take a decision on Ext.P4 representation within a period of three months from the date of receipt of a copy of this judgment. All the aspects will be considered by the Government before passing the W.P.(C) No.32594/2011 3 order. The petitioner will forward a copy of the writ petition along with a copy of the judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp