IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 20888 of 2009(E) -------------------------- PETITIONER(S): --------------- JYOTHEENDRANADH.D. S/O. SAVITHIAMMA, LEKSHMI VILASAM, PAPPANAMCODE, TRIVANDRUM (WORKING AS LAST GRADE STAFF DEVASWOM BOARD, THALAYOLAPARAMBU) BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT HIGHER EDUCATION (D) DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION TRIVANDRUM. 3. THE TRAVANCORE DEVASWOM BOARD REP. BY ITS SECRETARY OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODU TRIVANDRUM. 4. THE PRINCIPAL DEVASWOM BOARD COLLEGE THALAYOLAPARAMBU, KOTTAYAM. R1 & R2 BY G.P. SHRI A.J. VARGHESE ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20888 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2009. JUDGMENT The petitioner is working as a Last Grade employee of the Devaswom Board College, Thalayolaparambu in Kottayam District. He started his career on contract basis. During the year 1998 the Travancore Devawom Board invited application for appointment of last grade staff in the colleges under them. A selection committee was constituted by the Board for the above purpose. The selection committee conducted an interview and a select list was published on 28.12.1998. The petitioner is rank No.10 in the said list. Initially, the candidates could not be appointed on regular basis since there was a ban imposed by the Government at that time. The petitioner was appointed on contract basis with effect from 8.7.1999 for one year and the appointment was approved by the second respondent. It was further extended up to 7.7.2002. Thereafter, on the request of the second respondent, the appointment of nine persons included in the rank list, have been regularised. The same is evidenced by Ext.P2. By Ext.P4, the Travancore Devaswom Board requested the Government to grant regularisation of three employees including the petitioner who are wpc 20888/2009 2 having rank Nos.1, 11 and 12. It is pointed out therein that the cases are very similar to that of the 9 persons already approved and there is clear vacancies as ascertained. Even though further correspondences followed, so far final orders have not been passed by the Government. Ext.P6 is one of the representations submitted by the petitioner before the Government. The Principal has forwarded a detailed letter to the Director of Collegiate Education by Ext.P8 in the matter requesting to approve the petitioner's appointment with effect from 8.7.2002. Ext.P9 is a further communication addressed to the Director of Collegiate Education by the Secretary of the Travancore Devaswom Board and thereafter the Director of Collegiate Education by Ext.P10 addressed the Government itself in the matter. The regularisation of the petitioner's service was recommended in Ext.P10. The complaint raised by the petitioner is that so far no orders have been passed by the Government. The petitioner is still continuing in service. 2. Heard learned Govt. Pleader appearing for respondents 1 and 2, learned Standing Counsel for the Travancore Devaswom Board learned counsel appearing for the 4th respondent. 3. In the light of the fact that the appointment of nine similarly placed employees have been regularised as per Ext.P2, the petitioner is justified in submitting that he is also entitled for a similar treatment. His case has also wpc 20888/2009 3 been recommended by the Principal of the College, The Devaswom Board and by the Director of Collegiate Education as evidenced by Exts.P4, P8, P9 and P10. 4. Therefore, the matter will be considered by the Government and appropriate orders shall be passed without two months from the date of receipt of a copy of this judgment. The petitioner and the third respondent will be heard in the matter before a decision is taken and the relevant documents relied upon by the petitioner as mentioned above, will be taken into consideration. The writ petition is disposed of as above. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the first respondent for compliance. No costs. (T.R. Ramachandran Nair, Judge.) kav/