IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 29362 of 2010(U) -------------------------- PETITIONER(S): --------------- SREEJESH.P.T., NIGHT WATCHMAN, PANAMPALLY MEMORIAL GOVERNMENT COLLEGE, CHALAKUDY, POTTA P.O., THRISSUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695 001. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.29362 OF 2010 ------------------------------ Dated this the 30th day of September, 2010 JUDGMENT The petitioner is now working as Night Watchman in Panampally Memorial Government College, Chalakudy. He was appointed on 9.6.2010 as per Ext.P1 order. It is stated that as per Ext.P1, the petitioner joined service on 19.6.2010. The petitioner states that when Ext.P1 order of appointment was issued, he was undergoing Post Graduate Course (MA) in Kerala Responsible Ayurvedic Tourism & Educational Resource under the Sree Sankaracharya University of Sanskrit, Kalady. Since the petitioner got a job of Night Watchman, he could not abandon the same in view of his financial hardships. At the same time, he desires to complete his course. It is stated in paragraph 3 of the Writ Petition that duty time of the petitioner is from 4.30 p.m. to 8.30 p.m. The learned Government Pleader submitted that duty hours of the petitioner is from 4.30 p.m to 9.30 W.P.(C).No.29362 OF 2010 2 a.m. on the next day. The petitioner submitted Ext.P2 representation dated 24.7.2000 to the first respondent praying that the petitioner may be permitted to continue the Post Graduate Course. In Ext.P2, it is stated that his duty time is from “4.30 to 8.30 in the evening”. It is stated in Ext.P2 that attending the course would not in any way affect his duty as Night Watchman. It is also stated that 3rd Semester of the course has commenced. The petitioner assured in Ext.P2 that any permission that may be granted to continue to attend the course would not be made use of by him for gaining any advantage like transfer. Ext.P2 is not disposed of. 2. The reliefs prayed for in the Writ Petition are the following: i) to issue a writ of mandamus directing the 1st respondent to permit the petitioner to undergo the course namely Post Graduation (M.A) in Kerala Responsible Ayurvedic Tourism & Educational Resource, without availing leave for that purpose; ii) to issue a writ of mandamus directing the 1st respondent to take a decision in Ext.P2 representation; W.P.(C).No.29362 OF 2010 3 iii) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit in the facts and circumstances of the case”. 3. The authority to grant permission as prayed for in Ext.P2 is the Government. Ext.P2 has not been disposed of. Therefore,it is not proper to issue a writ of mandamus as prayed for in relief No.(i). However, the relief prayed for in relief No.(ii) can be granted. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P2 as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. Any right to be heard in person is waived by the petitioner, since he wants expeditious disposal of Ext.P2. W.P.(C).No.29362 OF 2010 4 b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent within a week. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms Handover copy today itself. In the judgment dated 30/09/2010 in WP(C) 29362/2010 (i) The word “pm” occurring after the figure ”8.30” in line 16 of first page is deleted; and (ii) the word “evening” occurring in line 6 of page 2 is corrected and substituted as “morning” as per order dated 07/12/2010 in I.A.13816 of 2010. Sd/-Registrar(Judicial)