IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 27194 of 2007(K) -------------------------- PETITIONER(S): --------------- N.RAMACHANDRAN, AGED 48 YEARS, S/O.KESAVAN NAIR (LATE) CLERK, P.M.S.A. HIGH SCHOOL, ELANKUR - 676 122, MALAPPURAM (RESIDING AT "DEEPA SREE" MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM - 14. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE MANAGER, P.M.S.A., HIGH SCHOOL, ELANKUR - 676 122, MALAPPURAM DISTRICT. 5. SRI.E.A.SREESAN, FULL TIME MINIAL, P.M.S.A. HIGH SCHOOL, ELANKUR - 676 122, MALAPPURAM DISTRICT. ADV. SRI.M.S.UNNIKRISHNAN FOR R.5 SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.ALEX VARGHESE FOR R4 GOVT. PLEADER SHRI. SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, ALONG WITH WPC NO. 27256 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 27194/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE LETTER OF THE PETITIONER DTD.30.12.05. P2. COPY OF THE LETTER OF THE PETITIONER DTD.4.1.06. P3. COPY OF THE CONSENT LETTER OF THE MANAGER DTD.4.1.06. P4. COPY OF THE LETTER OF DEO MALAPPURAM, DTD.19.6.06. P5. COPY OF THE GOVT. ORDER DTD.10.12.04. P6. COPY OF THE LETTER OF THE PETITIONER DTD.30.6.06. P7. COPY OF THE LETTER OF THE MANAGER DTD.30.6.06. P8. COPY OF THE APPOINTMENT ORDER DTD.1.7.06. P9. COPY OF THE REPRESENTATION DTD.8.9.06 TO DEO. P10. COPY OF THE DECISION REPORTED IN 2003 (3) KLT 233. P11. COPY OF THE ORDER DTD.25.4.05 OF THE GOVT. P12. COPY OF THE ORDER DTD.19.10.06 OF THE GOVT. P13. COPY OF THE DECISION REPORTED IN 1998 (2) KLT 637. P14. COPY OF THE JUDGMENT OF THIS COURT IN O.P.NO.7955/94 OF THIS COURT. P15. COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C). No.29634/06. P16. COPY OF THE ARGUMENT NOTE DTD.20.2.07. P17. COPY OF THE GOVT. ORDER DTD.18.8.07. P18. COPY OF THE NO0TICE DTD.27.1.07. P19. COPY OF THE DECISION REPORTED IN 1999 (3) KLT 275. P20. COPY OF THE DECISION REPORTED IN 2007 ILR (2) KER.CASE NO.8. RESPONDENT(S)'EXHIBITS R5A. COPY OF THE RELEVANT PAGES OF THE PETITIONER'S SERVICE BOOK. “B. COPY OF THE STAFF STATEMENT OF NON-TEACHING STAFF AS ON 31.7.93. “C. COPY OF THE STAFF STATEMENT OF NON-TEACHING STAFF OF THE SCHOOL AS ON 31.8.93. “D. COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF MR.ACHUTHANATHAN. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.27194 & 27256 of 2007 ================== Dated this the 7th day of July, 2009 J U D G M E N T W.P.(C).No.27194/2007: The petitioner was promoted as a Clerk from the post of Peon under Rule 43 of Chapter XIV-A of the Kerala Education Rules. The said promotion was not approved. At the same time, the 2nd respondent, by letter No.11681/N2/06/G.Edn. dated 19.10.2006, directed the manager to promote the 5th respondent as Clerk. The petitioner challenged that order by filing W.P.(C). No. 29634/2006. By judgment dated 5.12.2006, this Court directed the Government to pass orders on the revision petition pending after hearing all parties. Pursuant to the same, Ext.P17 order has been passed by the Government. That is under challenge before me. 2. The primary ground on which Ext.P17 order has been challenged is that the parties were heard by one Smt.G.Vijayalakshmi, Deputy Secretary and Ext.P17 order has been passed by another Deputy Secretary, viz., Sri.M.Muhamed Basheer. According to the petitioner, this is against various judgments of this Court particularly, the decision in Thomas Mathew v. Secretary to Government [1999 (3) KLT 275]. 3. I have heard parties. w.p.c.27194/07 & cc. 2 4. It is not disputed before me that the parties were heard by Smt.Vijayalakshmi and Ext.P17 order was passed by one Sri.Muhamed Basheer. That being so, I am of opinion that the Government should reconsider the matter. For this purpose I quash Ext.P17. The 1st respondent is directed to pass fresh orders as directed in Ext.P15 judgment after hearing all parties concerned, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. I make it abundantly clear that the person who hears the parties should also pass orders. The writ petition is disposed of as above. W.P.(C).No. 27256/2007: Since this writ petition is filed by the manager of the school challenging the very same order as in W.P.(C).No.27194/2007, the judgment in W.P.(C).No. 27194/2007 would govern this writ petition also. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge