P.P. OUSEPH Vs. PRINCIPAL, MARTH

JUDGEMENT

(1.) The writ petition has been filed challenging Ext.P11 order issued by the Deputy Director of Collegiate Education, whereby it was directed that if the petitioner has not passed the Attenders Test, he should be reverted.

(2.) The petitioner was appointed as a peon in Marthoma College for Women, Perumbavoor on 30.06.1983 as per Ext.P1. The appointment was approved on 13.09.1983. The petitioner's probation was declared on 30.06.1984 as per Ext.P2. The petitioner was promoted as Library Attender on 01.01.1986 as per Ext P3. From Ext.P4 dated 04.10.1986, it can be seen that the promotion of the petitioner was provisional, subject to the condition that the incumbent should pass Attenders Test within four consecutive chances. The said condition is also in accordance with Statutes 13 and 14 of the Kerala University Act and Statute. The petitioner was given the first higher grade with effect from 1.1.1996 on which day he completed one year of service as Library Attender as per Ext.P5 dated 31.08.1998. When a request was made for the 27 years grade promotion, the Principal of the College was directed to ascertain whether the petitioner has passed the Attender test and he was also directed to take steps for reversion in case the petitioner has not passed the Attenders test. Later by Ext.P11, the request for the promotion increment in the post of Library Attender was sent back with the service book, with the direction to take action to revert the petitioner, if he has not passed the Attenders test. The writ petition was filed challenging Ext.P11 at a time when the petitioner was in service. The petitioner has retired since then.

(3.) The second respondent has filed a counter affidavit. Along with the counter affidavit, Ext.R2(b) circular issued by Director of Collegiate Education has been produced. It can be seen from Ext R2(b) that the Attenders Test had been conducted on 23.07.1983, 4.5.1985, 15.4.1989, 31.10.1992, 28.9.1996 and thereafter in the years 2002, 2006 and 2008. As can be seen from Ext.P3 the petitioner was promoted as Library Attender on 1.1.1986. Next four opportunities he had for passing the attenders test were in 1989, 1992, 1996 and 2002. Admittedly, the petitioner has not cleared the examination. Ext.R2(b) which has been issued on 20.07.2002 clearly directs the concerned officers to take steps for reversion and report about the same. The case of the petitioner is that no steps have been taken for reverting him while he was in service.