IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 36394 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- JIMMY MATHEW, LAST GRADE SERVANT NIRMALA COLLEGE, MUVATTUPUZHA, RESIDING AT KAKKANATTU HOUSE, AVOLI PO, 686 670,ANIKKAD, MUVATTUPUZHA. BY ADV. SRI.V.VARGHESE RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM-695 032. 3. THE CORPORATE MANAGER CORPORATE EDUCAITONAL AGENCY, DIOCESE OF KOTHAMANGALAM, KOTHAMANGALAM-685 532. BY GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 36394/2010(Y) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RANKED LIST OF LAST GRADE SERVANTS. P2: COPY OF THE ORDER NO.ESTT.EF3/7038/2001/COLL.EDN. DATED 30/03/2001 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. P3: COPY OF THE G.O.(MS)NO.100/2005/H.EDN. DATED 28/072005. P4: COPY OF REPRESENTATION DATED 22/12/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5: COPY OF THE JUDGMENT DATED 06/02/2007 OF THIS HON'BLE COURT IN WPC.NO.3975/2007. P6: COPY OF THE G.O.(Rt)NO.765/07/H.EDN. DATED 17/04/2007. P7: COPY OF THE G.O.(MS)NO.261/2010/H.EDN. DATED 20/08/2010. P8: COPY OF THE REPRESENTATION DATED 21/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.36394 Of 2010 ----------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2011 J U D G M E N T The petitioner is working as Last Grade Servant in Nirmala College, Muvattupuzha. In the light of the submission made by the learned counsel for the petitioner that the petitioner is satisfied, if the Government is given a direction to consider Exhibit P8, the Writ Petition is being disposed of. 2. The petitioner was appointed at a time when there was a ban of appointment of Last Grade Servants. It is pointed out that there was a notification issued by the College for making appointment and a rank list was also prepared wherein he was ranked as Rank No.8. But, later appointment could not be made because of the ban order. The appointment was initially made for a period of one year on temporary basis and even now the petitioner is continuing, after the appointment from 23.11.2001. It appears that the situation in respect of similar appointees was considered by the Government especially in respect of Colleges under the S.N.Trust and the petitioner has produced Exhibit P3 order whereby the approval was granted with regard to appointment of 137 persons in the S.N.Trust Colleges for the W.P.(C)No.36394/10 -2- period 1998-99. It is also pointed out that the petitioner is also entitled for a similar treatment. By Exhibit P6 order, his request was rejected. The Government by Exhibit P7 order dated 20.8.2010 has created supernumerary posts of Peon, Sweeper and Scavengers in seven aided Colleges for regularasing 21 Last Grade Servants, who were appointed on contract basis during the period of ban on regular appointments existing in colleges due to pre-degree de-linking. Therefore, the petitioner moved the Government by Exhibit P8 representation. It is pointed out in the representation that the case of the petitioner is similar to the persons who have been accommodated in supernumerary vacancies as also the persons who were covered by Exhibit P3 order. 3. It is upto the Government to take a decision on Exhibit P8. Therefore, there will be a direction to the Government to take a decision on Exhibit P8 after hearing the petitioner and the 3rd respondent within a period of three weeks from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn