IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 8854 of 2009(B) -------------------------------- PETITIONER(S): --------------------- 1. REKHA.B, W/O.MOHANKUMAR, BABU NILAYAM, TAMARAKUDI P.O., KOTTARAKKARA, KOLLAM DISTRICT, (L.D.CLERK, DVHSS, MYLOM P.O. KOTTARAKKARA). 2. N.PRASANTH, S/O.NEELAKANTAN POTTI, SREE SADANAM, MYLOM P.O., KOTTARAKKARA, KOLLAM DISTRICT, (VOCATIONAL INSTRUCTOR, DVHSS, MYLOM P.O., KOTTARAKKARA). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM-695001. 2. DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-695001. 3. THE PRINCIPAL, DVHSS, MYLOM P.O., KOTTARAKKARA, KOLLAM DISTRICT-691560. 4. THE MANAGER, DVHSS, MYLOM P.O., KOTTARAKARA, KOLLAM DISTRICT- 691506. SR. GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 8854 of 2009 -B ------------------------------ Dated this the 1st day of April, 2009. J U D G M E N T Heard Sri.N.Sasidharan Unnithan, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. Since respondents 3 and 4 will not be adversely affected by the order that I propose to pass, I do not deem it necessary to issue notice to or hear them. 2. The petitioners were initially appointed as Lower Division Clerk and Vocational Instructor respectively, in the fourth respondent’s school. The first petitioner was appointed on 20.10.1997 and the second petitioner on 27.10.1997. Though the vocational higher secondary classes commenced in the fourth respondent’s school in the year 1997, the posts were sanctioned only in the year 1998. Therefore the petitioners were not paid salary and allowances applicable to them. After the posts were sanctioned, the selection process was undertaken and the petitioners were selected and appointed on 18.3.1999 and 1.6.1999 respectively. After they were thus appointed salary and allowances W.P(C) No. 8854 of 2009 -B 2 were disbursed with effect from 18.3.1999 and 1.6.1999. It appears that along with the petitioners certain other persons were also likewise appointed before the posts were sanctioned. They were also paid salary and allowances only after they were regularly appointed. Their claim for payment of salary at the rates applicable to guest staff, was also not sanctioned. 3. Some of the persons appointed along with petitioners moved the Government. By Ext.P1 order dated 4.2.2005, the Government directed that they will be paid remuneration applicable to the guest teachers. Claiming the same benefits, the petitioners moved the Government in Ext.P2 representation. Thereafter they filed W.P.(C) No.32721 of 2008 in this Court seeking expeditious disposal of Ext.P2. The said writ petition was disposed of by Ext.P4 judgment delivered on 6.11.2008. Exts.P1 and P2 produced along with this writ petition were produced in W.P.(C) No.32721 of 2008 also. However in Ext.P4 judgment by an inadvertent mistake it was stated that Ext.P1 is the representation filed by the petitioners. On that basis this Court directed the Government to consider Ext.P1 and pass orders thereon. 4. Pursuant to the directions issued by this Court, the Government heard the petitioners on 2.2.2009. The petitioners W.P(C) No. 8854 of 2009 -B 3 state that at the time of hearing, they had pointed out that what this Court meant was that the Government should consider Ext.P2 representation and pass orders thereon and that reference to Ext.P1 is an inadvertent mistake. However stating that this Court has directed that Ext.P1 should be considered and as Ext.P1 is a Government order, no further action remains to be taken by the Government, Ext.P6 order was passed. Ext.P6 is under challenged in this writ petition. 5. The petitioners contend that the Government have taken a hyper technical stand when they passed Ext.P6 order and that from the pleadings in W.P.(C) No.32721 of 2008, it is evident that this Court had directed the Government to consider Ext.P2 representation. The learned Government Pleader appearing for the respondents submits that though he had twice called upon the official respondents to give instructions, he has not received instructions. I have heard the learned counsel appearing on both sides. It is evident from Ext.P6 that the Government have not paid attention to the grievance voiced by the petitioners who are similarly placed as the beneficiaries of Ext.P1. The stand taken by the Government in Ext.P6 is in my opinion is a hyper technical stand which the Government ought not to have taken. The petitioners W.P(C) No. 8854 of 2009 -B 4 have in Ext.P5 pointed out that there is a mistake in Ext.P4 judgment and that what this Court directed to be disposed of is Ext.P2 representation. In my opinion, the petitioners are well founded in their submission that the Government had taken advantage of the inadvertent mistake in Ext.P4 judgment. For the reasons stated above, I quash Ext.P6 and direct the Government to consider Ext.P2 representation dated 25.10.2008 and pass orders thereon after notice to and affording the petitioners a reasonable opportunity of being heard. The Government shall while passing orders on Ext.P2 representation, having due regard to the stand taken by the Government in Ext.P1 order and also take note of the fact that the petitioners are similarly placed. Final orders in the matter shall be passed within three months from the date of receipt of a certified copy of this judgment. The petitioners shall in order to enable the Secretary to Government, General Education Department to pass orders as directed above, produce before him a copy of this writ petition along with a certified copy of this judgment. The writ petition is allowed as above. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//