JIMMY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was selected for appointment as Last Grade Employee in the colleges under the Corporate Educational Agency, Diocese of Kothamangalam by the selection committee that met on 29.1.1999. He was ranked eighth in the rank list published by a three member selection committee consisting of Sri.K.P.Ramachandran, Revenue Divisional Officer, Muvattupuzha, Rev.Fr.Joseph Puthenkulam, Asst. Secretary of Corporate Educational Agency, Bishop's House, Kothamangalam and Rev.Fr.Thomas Periapuram, Principal, Nirmala College, Muvattupuzha. A copy of the minutes of the selection committee is on record as Ext.P1. Though the petitioner was selected for appointment on a regular basis, regular appointment was not made in view of the ban imposed by the Government on appointment of teaching and non-teaching staff in colleges pursuant to the de-linking of the Pre-degree course. Later, the Government permitted Managers of private colleges to fill up existing vacancies by appointing staff on contract basis for a period not exceeding one year. Pursuant thereto, the petitioner was appointed on contract basis in Nirmala College, Muvattupuzha for a period of one year from 15.11.1999 to 14.11.2000. He was thereafter again appointed on contract basis in Nirmala College, Muvattupuzha during the period from 23.11.2000 to 22.11.2001. The petitioner has averred in paragraph 2 of the writ petition that the aforesaid appointments on contract basis were duly approved by the Deputy Director of Collegiate Education, Thiruvananthapuram. A copy of the order approving the second spell of appointment on contract basis is produced as Ext.P2. The petitioner has averred that with effect from 23.11.2001, he is continuing to work as a Last Grade Servant in the Computer Educational Wing of Nirmala College, Muvattupuzha, a self financing wing of the college.

(2.) WHILE the petitioner was thus continuing in the self financing wing of Nirmala College, Muvattupuzha, the Government issued Ext.P3 order dated 28.7.2005 according sanction to approve the appointment of 137 Last Grade Servants appointed in S.N.Trust Colleges during the academic year 1998-1999, prospectively from the date of the order. The petitioner thereupon filed Ext.P4 representation dated 22.12.2006 before the Secretary to Government, Higher Education Department, wherein he sought an order similar to Ext.P3, approving his appointment as Last Grade Servant. He thereafter filed W.P.(C)No. 3975 of 2007 in this Court. By Ext.P5 judgment delivered on 6.2.2007, a learned single Judge of this Court directed the Government to consider the representation and pass orders thereon, after affording the petitioner and the Manager of the college an opportunity of being heard. The Government heard the parties and rejected the petitioner's request by Ext.P6 order dated 17.4.2007. The Government held that there is no need to treat the petitioner's case as a special case. The petitioner did not challenge Ext.P6 order and it has attained finality.

(3.) THE petitioner has in paragraphs 15 and 16 of the writ petition disputed the statement in Ext.P10 order that 16 supernumerary hands are working as Last Grade Servants in Nirmala College, Muvattupuzha and Newman College, Thodupuzha. The petitioner has averred that out of the 14 Last Grade Servants appointed in Nirmala College, Muvattupuzha, as against the sanctioned strength of 05, the five senior most Peons were promoted to the category of Lab Assistants with effect from 4.6.2007, the next senior most Peon was promoted with effect from 1.7.2007 and the next two senior most Peons were promoted to the category of Lab Assistant with effect from 1.6.2011, that these promotions were approved by Ext.P16 order dated 29.11.2012 issued by the Deputy Director of Collegiate Education, Thiruvananthapuram with retrospective effect and that as on 15.6.2011 namely the date of Ext.P10 order, only 06 Last Grade Servants were in place as against the permissible strength of 05 and therefore, the Government erred in holding that there were 16 supernumerary hands working as Last Grade Servants in the two colleges under the same management. The petitioner has averred that in Nirmala College, Muvattupuzha, there is only one supernumerary hand and in Newman College, Thodupuzha, even according to the Government there are only two supernumerary hands working as Last Grade Servants and therefore, there is no reason why the petitioner should not be given the benefit extended by Ext.P3 order to 137 Last Grade Servants appointed in S.N.Trust Colleges during the year 1998- 1999 and the benefit extended to the 21 Last Grade Servants named in Ext.P7 Government order. The petitioner has averred that the reasons stated by the Government to treat him unequally cannot stand scrutiny and that for no justifiable reason he has been discriminated against.