Kerala High Court
D. Prasanthi vs The Secretary on 5 June, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 24537 OF 2013
PETITIONER:
D. PRASANTHI
AGED 43 YEARS
S/O.DAMODARAN PILLAI, LAB TECHNICAL ASSISTANT IN
OFFICE SECRETARYSHIP, K.R.KRISHNA PILLAI MEMORIAL
VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMABANAD
P.O., ADOOR, PATHANAMTHITTA-691 533.
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENTS:
1 THE SECRETARY
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR
VOCATIONAL HIGHER SECONDARY
EDUCATION,DIORECTORATE OF VOCATIONAL HIGHER
SECONDARY EDUCATION, HOUSING BOARD
BUILDIG,THIRUVANANTHAPURAM-695 001.
3 THE ASSISTANT DIRECTOR
VOCATIONAL HIGHER SECONDARY EDUCATION,REGIONAL
OFFICE, CHENGANNUR, PATHANAMTHITTA-689 121.
4 THE PRINCIPAL
K.R.KRISHNAPILLAI MEMORIAL VOCCATIONAL HIGHER
SECONDARY SCHOOL, KADAMABANAD SOUTH P.O., ADOOR-
691 533.
OTHER PRESENT:
SRI. BIJOY CHANDRAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C).No.24537 of 2013
-------------------------------
Dated this the 5th day of June, 2024
JUDGMENT
Petitioner was appointed as a Lab Assistant
(Office Secretaryship), in the 4 th respondent School on
27/12/1997. The post was subsequently re-designated as
'Lab Technical Assistant (Office Secretaryship)'. As per
Ext.P1 order dated 27/08/2009, the petitioner being
possessed of the minimum qualification for the promotion
post of Vocational Instructor in Office Secretaryship,
was granted the First Time Bound Higher Grade.
However, on 11/01/2010, Ext.P2 order was passed by
the Assistant Director revoking Ext.P1 for the reason
that the petitioner has not satisfactorily acquired the
qualification or equivalent for the post of Vocational
Instructor in Office Secretaryship laid down in Page
No.32 and item No.33 (1,2,3) of the Special Rules.
Challenging the same, the petitioner approached the
WP(C) NO.24537 OF 2013
Government. The Government, as per Ext.P3 communication,
informed the petitioner that his claim is rejected. It
is aggrieved thereby that the petitioner has approached
this Court.
2. Heard Adv.P.B.Sahasranaman, the learned
counsel for the petitioner and Adv.Sri.Bijoy Chandran,
the learned Senior Government Pleader.
3. The learned counsel for the petitioner submits
that the qualification as prescribed by Special Rules
stipulates :
"As per the Special Rules the qualification of
Office Secretaryship is a degree from any of the
Universities in Kerala with 3 year diploma in Commercial
practice from the Board of Technical Examinations Kerala or
an equivalent qualification.
OR
A degree awarded by any of the Universities in
WP(C) NO.24537 OF 2013
Kerala or its equalant with 2 year Diploma in Typewriting
and Shorthand from the Board of Technical Examinations
Kerala or an Equivalent qualification
OR
A pass in Vocational Higher Secondary Course in
Office Secretaryship conducted to Government of Kerala or
its equal ant with B.Com awarded by any of the Universities
in Kerala or an equivalent qualification."
According to the petitioner, he falls within category
No.3 of the above. He possesses K.G.T.E.(Hr) English
Typewriting and K.G.T.E. (Lr) Malayalam and English
Typewriting and Short Hand. Even before his appointment
he acquired the National Trade Certificate, I.T.I.
(Stenography) issued by the N.C.V.T. As per Ext.P4
Government Order dated 04/04/1991, the said
qualification is treated as equivalent to the
qualification prescribed under the Special Rules noted
above. Such prescription was duly recognized and
WP(C) NO.24537 OF 2013
accepted by the Public Service Commission and also by
the University of Kerala as evidenced by Exts.P5 and P6.
In the light thereof, the authorities were not right in
having rejected the petitioner's claim and revoked the
grant of Higher Grade, is the contention.
5. It is seen that the Government has rejected
the claim of the petitioner without passing any orders
as such. Ext.P3 is only a letter rejecting his claim. In
the light of the judgment of this Court in Sudheer T v
M.V Susheela & Others [2009 (3) KHC 991], the Government
is bound to pass a formal order on the Revision in the
name of the Governor. The learned Government Pleader
would submit that such an order was not passed for the
reason that the petitioner had only preferred a
representation before the Government.
Considering the facts as above, it is ordered, the
representation submitted by the petitioner be treated as
WP(C) NO.24537 OF 2013
a statutory Revision and appropriate orders be passed by
the Government upon the same. Let orders be passed
within 3 months from the date of receipt of copy of this
judgment. The petitioner may be afforded an opportunity
of hearing on his revision.
Writ Petition is disposed of as above.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.24537 OF 2013
APPENDIX OF WP(C) 24537/2013
PETITIONER EXHIBITS
EXHIBIT P1.TRUE PHOTOSTATCOPY OF THE
ORDER OF THE 3RD RESPONDENT
NO.B/1057/2009 DATED 27/8/2009.
EXHIBIT P2.TRUE PHOTOSTATCOPY OF THE
ORDER OF THE 3RD RESPONDENT
NO.B/1057/2009 DATED 11/1/2010.
EXHIBIT P3.TRUE PHOTOSTATCOPY OF THE
LETTER NO.222148/S/.C.1/10/G.EDN. DATED
7/6/2013.
EXHIBIT P4.TRUE PHOTOSTATCOPY OF THE
ORDER OF THE 1ST RESPONDENT G.O.(MS)
NO.57/91/G.EDN. DATED 4/4/1991.
EXHIBIT P5.TRUE PHOTOSTATCOPY OF THE
REPLY SUBMITTED BY THE K.P.S.C. TO THE
PETITIONER DATED 9/12/2010.
EXHIBIT P6.TRUE PHOTOSTATCOPY OF THE
CERTIFICATE ISSUED BY THE RGISTRAR OF
KERALA UNIVERSITY DATED 9/11/2010.
