IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 14345 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- DINESAN K.C., LOWER DIVISION CLERK, KRISHI BHAVAN, PARIYARAM P.O., KANNUR DISTRICT. (DEPLOYED AT PARIYARAM GRAMA PANCHAYAT, PARIYARAM). BY ADVS. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001. 3. THE PRINCIPAL AGRICULTURAL OFFICER, KANNUR, PIN-670 001. 4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PARIYARAM, CHITHAPPILE POIL P.O., KANNUR DISTRICT - 670 561. BY GOVT. PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14345/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER AND THE APPROVAL OF APPOINTMENT BY THE DISTRCIT EDUCATIONAL OFFICER. P2: COPY OF THE ORDER DATED 23/01/2008 PASSED BY THE 3RD RESPONDENT. P3: COPY OF THE ORDER DATED 18/05/2009 PASSED BY THE SECOND RESPONDENT. P4: COPY OF THE APPEAL FILED BY THE PETIITONER BEFORE THE FIRST RESPONDET. P5: COPY OF G.O.(P)NO.577/09/FIN. DATED 23/12/2009. P6: COPY OF THE LETTER DATED 18/05/2010 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. P7: COPY OF THE REPRESENTATION DATED 27/09/2010 SUBMITTED BY THE PETITIONER. P8: COPY OF THE LETTER DATED 15/01/2010 SENT BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT. P9: COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 14345 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of June, 2011. J U D G M E N T The petitioner is a Lower Division Clerk in the Agriculture Department. Prior to joining Government service, he had aided school service with effect from 18.3.1999. He wants counting of aided school service for service benefits retrospectively. The petitioner's contention is that teachers of aided schools who have come over to Government service are given that benefit retrospectively. 2. I have directed the learned counsel for the petitioner to produce documents to show that teachers have given the benefit of counting of aided school service for higher grade retrospectively. The petitioner has not been able to produce any. Ext. P5, which is the order by which the Government has given the benefits given to teaching staff to non-teaching staff, also reads thus: “At present, the Aided school teachers on appointment in Government Service as teachers are eligible for time bound higher grade promotion by reckoning their prior aided school service along with Government Service on declaration of probation in Government service and monetary benefit is allowed with effect from that date onwards. The Director of Public Instructions in his letter read above has requested to extend the above benefit to the non-teaching staff of aided schools on appointment in Government service. Government after having examined the issue in detail are pleased to extend the benefit of reckoning prior aided school service of non-teaching staff in the same post along with service in the same post in Government service for time bound higher grade promotion after the declaration of probation in Government service with monetary benefit from that date as in the case of teachers. This order will have prospective effect only.” From the same, I do not find any support for the contention of the W.P(C) No. 14345 of 2011 -: 2 :- petitioner. The petitioner has been given the benefit as per Ext. P5. The same is only a concession and not a right. The petitioner has to take the concession as is given. Therefore, I do not find any merit in the contention of the petitioner. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/