Annamma P.V vs The State Of Kerala
2022 Latest Caselaw 1274 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
              Friday, the 28th day of January 2022 / 8th Magha, 1943
                              WP(C) NO. 2947 OF 2022
PETITIONER:

     ANNAMMA P.V., AGED 55 YEARS, W/O.ANTONY, THUNDIYIL HOUSE,
     THRIKKODITHAM, CHANGANACHERRY, PRESENTLY WORKING AS LABORATORY
     ASSISTANT, ASSUMPTION COLLEGE, CHANGANACHERRY, KOTTAYAM DISTRICT,
     PIN - 686 101.

RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT
     OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
  2. THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN,
     PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033.
  3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VAYASKARAKUNNU, NEAR
     FIRE STATION, KOTTAYAM - 686 001.
  4. THE PRINCIPAL, ASSUMPTION COLLEGE, CHANGANACHERRY, KOTTAYAM
     DISTRICT, PIN CODE - 686 101.
  5. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
     PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS RD., ATHIRAMPUZHA,
     KERALA, PIN - 676 560.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the proposed reversion of the petitioner from the post of
laboratory assistant in pursuance of Exhibit-P3 pending disposal of this
Writ Petition (Civil).


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s. GEORGE SEBASTIAN and ARUN LUCKOSE ABRAHAM, Advocates for the
petitioner, GOVERNMENT PLEADER for R1 to R3 and of STANDING COUNSEL for
R5, the court passed the following:




                                                              p.t.o
      Exhibit P3:- A TRUE COPY OF THE COMMUNICATION DATED 9/9/2021 ISSUED
BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

     Exhibit P5:-A TRUE COPY ORDER DATED 21.1.2022 PASSED BY THE 1ST
RESPONDENT.
                       RAJA VIJAYARAGHAVAN V, J.
                       ---------------------------------
                       W.P.(C) No. 2947 of 2022
                      ----------------------------------
                 Dated this the 28th day of January, 2022


                                    ORDER

The learned Government Pleader takes notice for respondents 1 to 3.

Issue urgent notice by speed post to the 4th respondent. The learned Standing

Counsel takes notice for the 5th respondent.

2. Smt.Philia Koshy, the learned counsel appearing for the petitioner,

submitted that identical issues were considered by this Court and pursuant to the

said judgment, the Government has issued Exhibit-P5 order ordering that all

members of Non-Teaching Staff in Aided Colleges, who have attained the age of

50 years shall stand permanently exempted from passing the obligatory Attender

test conducted by the Kerala Public Service Commission as stipulated in the

Statutes of the concerned Universities. According to the learned counsel, the

petitioner is aged 55 years and the benefit of Exhibit-P5 order ought to have

been extended to the petitioner.

Having considered submissions, as an interim measure, Ext.P3 and all

proceedings pursuant thereto proposing the reversion of the petitioner from the

post of Laboratory Assistant, shall remain stayed for a period of four weeks.

Sd/-

                                                     RAJA VIJAYARAGHAVAN V,
                                                              JUDGE




      DSV




28-01-2022                         /True Copy/                         Assistant Registrar