IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 2139 of 2008(D) PETITIONERS: 1. S.SAJI RAJ, S/O.C.S.SIVARAMAN NAIR AGED 34 YEARS, PART TIME MARKER,M.G.COLLEGE KESAVADASPURAM, PATTOM POST, THIRUVANANTHAPURAM 695 004.RESIDING AT SANTHI NIKETHAN, M.G. COLLEGE CAMPUS,KESAVADASPURAM, PATTOM POST, THIRUVANANTHAPURAM 2. S.JAYAKUMAR,S/O.SARASWATHY AMMA, AGED 43 YEARS, PART TIME MARKER, V.T.M.NSS COLLEGE,DHANUVACHAPURAM, THIRUVANANTHAPURAM. RESIDING AT SUKUMARA MANDIRAM DHANUVACHAPURAM (PO) THIRUVANANTHAPURAM BY ADV. SRI.MILLU DANDAPANI SMT.ANJALI VISWANATH RESPONDENTS : 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPT.OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR,COLLEGIATE EDUCATION THIRUVANANTHAPURAM. 3. THE PRINCIPAL,M.G.COLLEGE CAMPUS, KESAVADASAPURAM,PATTOM POST, THIRUVANANTHAPURAM 695 004. 4. THE PRINCIPAL, V.T.M.NSS COLLEGE, DHANUVACHAPURAM, THIRUVANANTHAPURAM R3 & R4 BY ADV. SRI.T.P.DEYANANTHAN R1 & R2 BY GOVERNMENT PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE FIRST PETITIONER BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE FOURTH RESPONDENT TO THE SECOND PETITIONER. EXT.P3 TRUE COPY OF THE G.O.(MS) NO.147/85/H.EDN. DATED 21/6/1985 ISSUED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE CIRCULAR NO.P&G2-4807/85/COLL.EDN./L.DIS. DATED 12/2/1986 ISSUED BY THE SECOND RESPONDENT. EXT.P5 TRUE COPY OF THE COMMUNICATION DATED 20/11/2000 RECEIVED BY THE GENERAL SECRETARY, KERALA PRIVATE COLLEGE PART-TIME EMPLOYEES UNION. EXT.P6 TRUE COPY OF THE PROCEEDING GENL.4/38141/2000/COLL.EDN. DATED 18/9/2001 ISSUED BY THE SECOND RESPONDENT. EXT.P7 TRUE COPY OF THE LETTER 27370/D3/03/H.S. DATED 26/8/2003 ISSUED BY THE FIRST RESPONDENT TO THE GENERAL SECRETARY OF KERALA PRIVATE COLLEGE PART-TIME EMPLOYEES UNION. EXT.P8 TRUE COPY OF THE LETTER NO.8537/D3/04.H.EDN. DATED 15.4.2004 ISSUED BY THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE G.O.(MS) 119/04/H.EDN. DATED 17.9.2004 ALONG WITH RELEVANT PARAGRAPH OF THE APPENDIX. EXT.P10 TRUE COPY OF THE MEMORIAL DATED 25/7/2005 SUBMITTED BY THE KERALA PRIVATE COLLEGE PART-TIME EMPLOYEES UNION BEFORE THE FIRST RESPONDENT. EXT.P11 TRUE COPY OF THE G.O.(P) NO.145/2006/FIN. ALONG WITH THE TABLE APPENDED DATED 25/3/2006. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 15/7/2006 SUBMITTED BY THE KERALA PRIVATE COLLEGE PART-TIME EMPLOYEES UNION EXT.P13 TRUE COPY OF G.O.(MS)NO.43/08/H.EDN. DATED 25.4.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P14 TRUE COPY OF REPRESENTATION DATED 16.6.2008 SUBMITTED BY THE FIRST PETITIONER BEFORE FIRST RESPONDENT. EXT.P15 TRUE COPY OF REPRESENTATION DATED 16.6.2008 SUBMITTED BY THE SECOND PETITIONER BEFORE FIRST RESPONDENT. EXT.P16 TRUE COPY OF FORWARDING LETTER DATED 17.6.2008 ISSUED BY THIRD RESPONDENT TO FIRST RESPONDENT. EXT.P17 TRUE COPY OF FORWARDING LETTER DATED 19.6.2008 ISSUED BY FOURTH RESPONDENT TO FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(1) TRUE COPY OF THE REQUEST MADE BY THE FIRST PETITIONER TO THE SECRETARY NSS COLLEGES CENTRAL COMMITTEE (MANAGER) DATED 25.5.2007. EXT.R3(1a) TRUE COPY OF THE LETTER NO.B/4614/07 DATED 15.6.2007 ADDRESSED TO THE PRINCIPAL, M.G.COLLEGE, THIRUVANANTHAPURAM. EXT.R3(2) TRUE COPY OF THE LETTER NO.B.2956/06 DATED 24.5.2006 FROM THE MANAGER ADDRESSED TO THE FOURTH RESPONDENT. EXT.R3(3) TRUE COPY OF THE ORDER NO.E4-4325/06/COLL.EDN. DATED 17.2.2006. //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 2139 OF 2008 D -------------------------------------------- Dated this the 17th July, 2008 JUDGMENT The petitioners are working as Part-time Markers in the third and fourth respondents' colleges respectively. They are aggrieved by the denial of the same treatment as meted out to their counterparts in other Government Colleges and private Colleges. It is stated that similarly situated persons have been granted full time status as evidenced by Ext.P13 Government Order dated 25.4.2008. The petitioners have submitted Exts.P14 and P15 representations respectively, to the first respondent requesting to absorb them as full time Markers by creating suitable posts in the Colleges and to extend the identical benefits that have been granted to the similarly situated persons. Ext.P14 and P15 representations are pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st respondent to grant time scale pay of Rs.280-400/- with effect from 21.6.1985 and thereafter the revised scale of pay as recommended by the pay commission from time to time and grant arrears of pay and allowances thereto to the petitioners; ii) issue a writ of mandamus or any other writ or order or direction, directing the 1st respondent to grant full time status to the petitioners and the scale of pay attached thereto from 21.6.1985 and consequential benefits; iii) declare that the petitioners are entitled to be conferred with the full time status with effect from 21.6.1985; W.P.(C) NO.2139 OF 2008 D :: 2 :: iv) issue such other appropriate writ, order or direction which, this Hon'ble Court may deem fit in the circumstances of the case; v) award costs of these proceedings.” 3. Learned counsel for the petitioners submits that the petitioners would be satisfied, if a direction is issued to the first respondent to dispose of Exts.P14 and P15 representations, after affording an opportunity of being heard to the petitioners at an early date. Learned Government Pleader submits that Exts.P14 and P15 representations will be disposed of by the first respondent expeditiously. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Exts.P14 and P15 representations, after affording an opportunity of being heard to the petitioners as expeditiously as possible and, at any rate, within a period of two months. The petitioners will be at liberty to produce such other materials and documents as are relevant before the first respondent. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent before consideration of their representations. The contentions of the parties are left open. (K.T.SANKARAN) Judge ahz/