IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 7391 of 2004(E) ----------------------------------- PETITIONER(S): ---------------------- RAHEENA.K.V., D/O.ABOOBACKER, AGED 28 YEARS, LIBRARIAN, KEYI SAHIB TRAINING COLLEGE, KARIMBAM.P.O., TALIPARAMBA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------- 1. STATE OF KERAL REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, TRIVANDRUM. 2. DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. MANAGER, KEYI SAHIB TRAINING COLLEGE, KARIMBAM.P.O., TALIPARAMBA, KANNUR DISTRICT. ADV. SRI.A.MOHAMED MUSTAQUE FOR R3 SRI.KAUSER EDAPPAGATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 7391/2004-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(RT)NO.538/97/H.EDN. DATED 07/05/1997. EXT.P2: COPY OF THE ORDER OF KANNUR UNIVERSITY DATED 14/05/1997. EXT.P3: COPY OF THE ORDER G.O.(MS)NO.127/81/H.EDN. DATED 21/07/1981. EXT.P4: COPY OF THE ORDER NO.NTS/6/97 DATED 25/06/1997. EXT.P5: COPY OF THE AGREEMENT DATED 30/07/1997. EXT.P6: COPY OF THE LETTER DATED 24/06/1997 FROM KEYI SAHIB TRAINING COLLEGE TO THE COMMR, & SECRETARY, HR. EDN. DEPARTMENT, TRIVANDRUM. EXT.P7: COPY OF THE REPRESENTATION DATED 24/09/1997 TO THE DIRECTOR OF COLLEGIATE EDN. EXT.P8: COPY OF THE ORDER G.O.MS.118/98/H.EDN. DATED 03/10/1998. EXT.P9: COPY OF THE REPRESENTATION DATED 25/11/1998 OF THE PRINCIPAL TO THE DIRECTOR OF COLLEGIATE EDUCATION. EXT.P10: COPY OF THE REPRESENTATION DATED 17/02/1999 TO THE HONOURABLE MINISTER FOR EDUCATION. EXT.P11: COPY OF THE ORDER G.O.(MS)150/99/H.EDN. DATED 16/11/1999. EXT.P12: COPY OF THE ORDER NO.1262/D3/99/H.EDN. DATED 26/10/1999. EXT.P13: COPY OF THE REPRESENTATION TO THE HONOURABLE MINSTER FOR EDUCATION DATED 02/03/2000. EXT.P14: COPY OF THE JUDGMENT IN O.P.1514/01 DATED 24/09/2001 OF THIS HONOURABLE COURT. EXT.P15: COPY OF THE ORDER G.O.MS.NO.14/03/H.EDN. DATED 10/02/2003. EXT.P16: COPY OF THE REPRESENTATION TO THE 1ST RESPONDENT DATED 06/03/2003. EXT.P17: COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 31/10/2003. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7391 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner is aggrieved since Ext.P16 representation before the Government has not been considered. The issue pertains to the claim made by the petitioner for approval of his appointment either with effect from the date of appointment or at least with effect from the date on which similar reliefs were granted to similarly situated persons as per Ext.P1. According to the petitioner, posts were not sanctioned only because of the economy orders. However, there was relaxation in the case of another college. But the question is whether the management had approached the Government for such relaxation. In case the management had approached the Government for such relaxation the said request of the management will also be considered while disposing of Ext.P16 representation filed by the petitioner. Therefore, the writ petition is disposed of directing the first respondent to pass orders on Ext.P16 within a period of three months from the date of production of a copy of the judgment. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7391 of 2004 ----------------------------------- JUDGMENT 10th November, 2008