IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 2426 of 2008(L) ------------------------------------ PETITIONER(S): ------------------------ P.RENJITH CHANDRAN, S/O.P.N.CHANDRASEKHARAN, AGED 31 YEARS, CLERK, PANCHAYAT HIGHER SECONDARY SCHOOL P.O., VANDIPARIYAR, IDUKKI DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION IDUKKI AT THODUPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER KATTAPPANA, IDUKKI DISTRICT. 4. THE MANAGER, PANCHAYAT HIGHER SECONDARY SCHOOL PO, VANDIPERIYAR GRAMA PANCHAYAT 5. THE HEADMASTER PANCHAYT HIGHER SECONDARY SCHOOL P.O. VANDIPERIYAR, IDUKKI DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.DILIP MOHAN R4 BY ADVS.MR.JOICE GEORGE MR.GEORGY GEORGE. R5 BY ADV.MR.T.V.VIJAYARAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2426/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.B1-410/98 OF THE MANAGER 6.1.2000. P2:- COPY OF THE REPRESENTATION FILED BEFORE THE HONOURABLE MINISTER FOR EDN. DTD. 12.7.07. P3:- COPY OF THE DECISION REPORTED IN A.I.R. 1989 SUPREME COURT 1976 DTD. 25.8.89. P4:- COPY OF THE DECISION REPORTED IN 1990 (1) K.L.T. 399 DTD. 7.2.90. P5:- COPY OF THE JUDGMENT IN WA,. 2098/03 OF THIS HONOURABLE COURT DTD. 20.1.04. P6:- COPY OF THE REPRESENTATION FILED BEFORE THE GOVERNMENT DTD. 28.7.07. P7:- COPY OF THE G.O.(RT) NO.5560/07/G.EDN. OF THE GOVERNMENT DTD. 6.12.07. P8:- COPY OF THE G.O.(RT) NO.170/07/G.EDN. OF THE GOVERNMENT DTD. 17.4.07. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2426 OF 2008 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioner herein was appointed as Clerk in the Panchayath Higher Secondary School, Vandiperiyar under the dying-in-harness scheme as per Exhibit P1. During the academic year 2007-2008, one post of Clerk in the High School Section was abolished due to the fall in students strength in the High School Section. According to the petitioner, he is also attending duties of Clerk in the Higher Secondary Section since no post of Clerk was sanctioned by the Government in the Higher Secondary Section. 2. The main prayer in the writ petition is to quash Exhibit P7 order passed by the Government. The said order was passed on a representation filed by the petitioner himself. Learned counsel for the petitioner submitted that the representation was disposed of without hearing the petitioner and W.P.(C) No.2426/2008 2 the dictum laid down in Exhibits P3 to P5 also has not been considered. Therefore, it is prayed that the petitioner may be allowed an opportunity to raise his arguments and a rehearing may be conducted in the matter. 3. Heard the learned Government Pleader appearing for respondents 1 to 3. 4. The petitioner is a person who was appointed under the dying-in-harness scheme. The case of the petitioner therefore is that being a person appointed under the dying-in-harness scheme, the petitioner ought to have been allowed to continue by creating a supernumerary post. Hence, in order to enable the Government to reconsider the matter, Exhibit P7 is quashed. There will be a direction to the 1st respondent to take a decision on Exhibit P6, after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The petitioner is free to rely upon the judgments Exhibits P3 to P5 when the matter is reheard by the Government. It is pointed out that the petitioner is still W.P.(C) No.2426/2008 3 continuing in service since a retirement vacancy has arisen on 31.03.2009. If the petitioner is continuing in service, he will not be disturbed in the meanwhile. This writ petition is disposed of as above. Sd/- T.R. RAMACHANDRAN NAIR JUDGE smp The words “retirement vacancy has arisen on 31/03/2009” occurring in the 1st and 2nd lines at page 3 of the judgment dated 25/11/2009 in WP(C) 2426/2008 are substituted by the words “retirement vacancy will arise on 31/03/2010” vide order dated 11/02/2010 in I.A 1524/2010. Sd/- Registrar (Judicial)