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Ibraheem Vadakkekkara Thazhathu vs State Of Kerala

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner entered the service of the fourth respondent School as a Clerk on 01.04.1993 in a leave vacancy. After declaration of his probation on 01.04.1994, in course of time, the petitioner had his services regularized. The grievance of the petitioner is that though initially he was given the benefit of higher grade, subsequently it was withdrawn through Exhibit P3 on the premise that the petitioner did not pass the departmental test. Aggrieved thereby, the petitioner is said to have made W.P.(c) No. 29741 of 2014 2 Exhibit P4 representation before the first respondent, who is yet to consider it. Complaining of delay in the disposal of Exhibit P4, the petitioner approached this Court.
3. The learned counsel for the petitioner has submitted that the petitioner entered the service prior to the implementation of the condition of passing the departmental test to be eligible to have the benefit of higher grade. According to him, since the condition is prospective, the respondent authorities ought not to have withdrawn the benefit which had already been extended to the petitioner.
4. The learned Government Pleader, on his part, has submitted that the petitioner seems to have already submitted Exhibit P4 representation and it will not be necessary at this juncture for this Court to adjudicate the issue on merits.
5. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the first respondent to consider Exhibit P4 representation of W.P.(c) No. 29741 of 2014 3 the petitioner in accordance with law, and pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.
With the above observation, this writ petition is disposed of.
DAMA SESHADRI NAIDU JUDGE DMR/-
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Title

Ibraheem Vadakkekkara Thazhathu vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • Dama Seshadri Naidu
Advocates
  • Sri Augustine Joseph
  • Sri
  • K S Rockey Sri Tony
  • Augustine Sri
  • M Stephen