IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 15752 of 2008(A) -------------------------- PETITIONER(S): ------------------- P.G.CHERIYAN, S/O.SKARIA GEORGE, AGED 58 YEARS, ADMINISTRATIVE ASSISTANT(RETIRED), MAR IVANIOUS COLLEGE, TRIVANDRUM, RESIDING AT PANAMKUNNIL, KOKKADU PO, KOTTARAKARA, KOLLAM DIST.691 538. BY ADV. SMT.REKHA VASUDEVAN RESPONDENT(S): ------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. MALANKARA SYRIAN CATHOLIC MANAGEMENT, REP.BY ITS SECRETARY, PATTOM, TRIVANDRUM 695 004. 4. THE PRINCIPAL, MAR IVANIOS COLLEGE TRIVANDRUM,. ADV. SRI.SANTHOSH MATHEW FOR R3 & 4 SRI.SATHISH NINAN FOR R3 & 4 GOVERNMENT PLEADER SMT.T.B.REMANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15752/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PROCEEDINGS NO.ESTT/E1/52096/82/K.DIS DT 31.10.1982 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO.M.S.C.-2/2004/N.T.S. DT 4.2.2004 ISSUED BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER NO.M.S.C.-2/2004/N.T.S. (1) DT 5.2.2004 ISSUED BY THE 3RD RESPODNENT. EXT.P4: TRUE COPY OF THE REPRESENTATION DT 7.7.2005 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER NO.3632/D3/08/H.EDN DT 11.2.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE G.O.(ms) NO.119/04/H.EDN DT 17.9.2004 WITHOUT APPENDIX. EXT.P7: TRUE COPY OF ORDER NO.E1/49344/2005/COLL.EDN DT 16.12.2005. EXTS.OF R2 EXT.R2(a): TRUE COPY OF THE STATEMENT SHOWING THE STUDENTS STRENGTH AS ON 1/11/2003. EXTS. OF R3 EXT.R3(a): PHOTOCOPY OF G.O.NO.11899/B1/97/H.EDN DT 3.7.1997. EXT.R3(b): PHOTOCOPY OF LETTER NO.E1-18262/04/COLL.EDN.K.DIS DT 3.6.04. EXT.R3(c): PHOTOCOPY OF THE MODIFIED ORDER NO.M.S.C.16/2005/N.T.S. DT 21.11.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 15752 OF 2008 (A) ==================== Dated this the 21th day of November, 2008 J U D G M E N T Petitioner was a Junior Superintendent under the 3rd respondent College. 2. In the vacancy of Administrative Assistant, which arose on 31/1/2004, petitioner was promoted by Ext.P3 order dated 5/2/2004. The approval was not granted. Meanwhile, the petitioner retired from service on 30/4/2005. It would appear that approval was not granted for the reason that in Ext.P7 revised staff pattern, the post was treated as a supernumerary one. In this writ petition what the petitioner seeks is that approval should be granted to his promotion as Administrative Assistant and on that basis, the benefits should be worked out and paid. 3. However, it is seen from Ext.P5 and also the statement filed by the Manager that by order dated 21/11/2007, petitioner was promoted to the post of Senior Superintendent w.e.f. 1/10/2004, a post which is recognised in Ext.P7 revised staff pattern. Now that he has been promoted as Senior Superintendent w.e.f. 1/10/2004, this Court will not be justified in sitting in judgment over the non approval of his appointment as Administrative Assistant by Ext.P3, since the said promotion must have WPC 15752/08 :2 : been only after cancelling his promotion as Administrative Assistant. 4. In my view, the appropriate order to be passed at this distance of time will be to require the management to seek approval of his appointment as Senior Superintendent and direct the 2nd respondent to approve such appointment. 5. Therefore, I direct that respondents 3 and 4 shall seek approval of the appointment of the petitioner as Senior Superintendent effected by order dated 21/11/2007, by making necessary proposals to the 2nd respondent, within 3 weeks of production of a copy of this judgment. It is directed that on receipt of the proposal as above, the 2nd respondent shall consider the same and grant approval, within 4 weeks thereafter. On that basis, the benefits that are due to the petitioner shall be worked out and paid without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp