# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944**
## **WP(C) NO. 8322 OF 2022**
## **PETITIONERS:**
1 JOHNCY JACOB AGED 45 YEARS SON OF I.V.CHACKO, LAB ASSISTANT, S.J.B.H.S.S NEDUMKUNNAM, NEDUMKUNNAM P.O., KOTTAYAM - 686 542, RESIDING AT IYKULAM HOUSE, NEDUMKUNNAM P.O., KOTTAYAM, PIN - 686542 2 SUMESH KUMAR K.A. AGED 50 YEARS SON OF APPUKUTTAN, LAB ASSISTANT, SNDP H.S.S, KILIROOR, KANJIRAM P.O., KOTTAYAM - 686 020., RESIDING AT KONATHANPATHIL HOUSE, KANJIRAM P.O., KOTTAYAM, PIN - 686020 3 BINS JOHN AGED 41 YEARS SON OF P.C.CHACKO, LAB ASSISTANT, ST. STEPHENS H.S.S, KEERAMPARA, KEERAMPARA P.O., KOTHAMANGALAM - 686 681, RESIDING AT PUTHUSSERIL HOUSE, CHELAD P.O., KOTHAMANGALAM, PIN - 686681 4 KURIAKOSE T.V. AGED 56 YEARS SON OF VARGHESE T.K., LAB ASSISTANT, ST. MARYS H.S.S, MORAKKALA, KUMARAPURAM P.O., ERNAKULAM - 683 565, RESIDING AT THADIYAN HOUSE, MORAKKALA, KUMARAPURAM P.O., ERNAKULAM, PIN - 683565 5 SAINUDEEN P.M. AGED 50 YEARS SON OF MOHAMMED P.U., LAB ASSISTANT, DARUL ULOOM H.S.S., PULLEPPADY, ERNAKULAM - 682 016, RESIDING AT PEEDIYAKKAL HOUSE, VEMBILLY P.O., ERNAKULAM, PIN - 683565 BY ADVS. B.ASHOK SHENOY P.S.GIREESH
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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ARJUN R NAIK
## **RESPONDENTS:**
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEX II, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING) HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 BY ADV SMT.NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, ALONG WITH WP(C).5358/2022, 9622/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 5358 OF 2022**
## **PETITIONERS:**
1 YELDHO MATHOOSE C.C AGED 41 YEARS SON OF CHERU, LAB ASSISTANT, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD , THRISSUR DISTRICT-680 515 2 JOMON.T.J., LAB ASSISTANT, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD , THRISSUR DISTRICT-680 515 3 JOBY.C.V. LAB ASSISTANT, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD, THRISSUR DISTRICT-680 515 4 VINCENT C.L., LAB ASSISTANT, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD , THRISSUR DISTRICT-680 515 BY ADVS. V.A.MUHAMMED M.SAJJAD
## **RESPONDENTS:**
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001 2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, S.R.V. SCHOOL BUILDINGS, ERNAKULAM-682 016 4 THE PRINCIPAL, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD , THRISSUR DISTRICT-680 515 5 THE HEADMASTER/VICE PRINCIPAL, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYUR, CHAVAKKAD , THRISSUR DISTRICT-680 515 BY ADV SMT.NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, ALONG WITH WP(C).8322/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 9622 OF 2022**
## **PETITIONER/S:**
SARATH KUMAR .M.S AGED 37 YEARS S/O SIVANANDAN .M.A ,MALIYAVEETHIL HOUSE KANDESWARAM, IRINJALAKKUDA, THRISSURE, PIN - 860121 BY ADV B.BALA PRASANNAN
## **RESPONDENTS:**
1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GOVT SECRETARIAT, THIRUVANTHAPUAM, PIN - 695001 2 DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION NANDAVANAM THIRUVANDA PURAM, PIN - 695001 3 REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT, REGIONAL OFFICE KOZIKODE, PIN - 673004 BY ADV SMT.NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, ALONG WITH WP(C).8322/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **P.V.KUNHIKRISHNAN, J.**
**-----------------------------W.P.(C)Nos. 8322, 5358 and 9622 of 2022 ---------------------------------------------Dated this the 03[rd] day of March, 2023**
## **JUDGMENT**
These three writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment. The prayers in these writ petitions are extracted hereunder:
2. W.P.(C)No.8322/2022 is filed with the following
prayers:
_“(a) Call for the records relating to Exhibit P13 issued by 1st respondent and quash Note to Serial Number 11 in Clause 6 of Chapter 2 of Exhibit P13 Manual to the extent it stipulates that Laboratory Assistants shall function as Night Watchman, by issue of a writ of certiorari or other appropriate writ or order;_
_(b) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents not to assign the duties and functions of Night Watchman to petitioners; and_
_(c) Grant such other and further reliefs as are deemed just and necessary in the facts and_
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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_circumstances of the case including the costs of this proceedings; as also the following:”[SIC]_
## 3. W.P.(C)No.5358/2022 is filed with the following
## prayers:
_“(i) call for the records relating to Exhibit P-3 and set aside the original of the same to the extent of prescribing Night Watchman/Office Assistant/ Security duty to Lab Assistants by the issue of a writ of certiorari or other appropriate writ or order._
_(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents not to assign night Watchman/Office Assistant duty to the Petitioners who are Lab Assistants in the 4th Respondent School._
_(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-7 after affording an opportunity being heard to the Petitioners within a time limit._
_(iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.”[SIC]_
## 4. W.P.(C)No.9622/2022 is filed with the following
## prayers:
_“(i) Issue a writ in the nature of mandamus or any appropriate, writ or direction directing respondents 1 and 2 to set aside the EXHIBIT P6 and P7 orders, in_
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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_the light of EXHIBIT P1to P5._
_(ii) Issue a writ in the nature of mandamus or any appropriate, writ or declaration that the exhibit P6 and P7 are against the spirit of EXHIBITS P1,P2,P4 AND P5._
_(iii) Pass such other further relief as this Hon'ble Court to find the, in the nature and circumstances of the case and I know the Writ Petition civil for the petitioners costs.”[SIC]_
5. The main grievance raised in these writ petitions is about the assignment of duties of Night Watchman to Class III employees. According to the petitioners, these are the duties to be done by Class IV employees.
6. According to me, these are matters to be considered by the Government. When the petitioners says that these are duties to be done by Class IV employees and the petitioners are Class III employees, the Government should consider the said grievance with an opportunity of hearing to the petitioners. The association of the petitioners in W.P.(C)No.8322/2022 submitted Ext.P14 representation before the 1[st]
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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respondent. The petitioners in W.P.(C)No.5358/2022 submitted Ext.P7 representation before the 1[st] respondent. The petitioner in W.P.(C)No.9622/2022 can file a fresh representation before the Government. These representations can be directed to be considered by the Government, as expeditiously as possible, after giving an opportunity of hearing to the petitioners.
Therefore, these writ petitions are disposed of in the following manner:
i. The petitioner in W.P.(C)No.9622/2022 is free to file a representation before the 1[st] respondent, within a period of two weeks from the date of receipt of a copy of this judgment.
ii. The 1[st] respondent is directed to consider the representations submitted in these writ petitions, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
iii. Before passing final orders, the 1[st] respondent will give an opportunity of hearing to the
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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petitioners in these cases.
iv. Petitioners will produce a certified copy of this judgment along with a copy of these writ petitions before the 1[st] respondent for compliance.
v. All the contentions raised in these writ petitions are left open and the petitioners are free to agitate the same before the 1[st] respondent.
Sd/-
**P.V.KUNHIKRISHNAN JUDGE**
DM
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **APPENDIX OF WP(C) 5358/2022**
## PETITIONER EXHIBITS
|EXHIBIT P1|TRUE COPY OF|THE ORDER NO.EX-|
|---|---|---|
||II/1/14452/HSE/2019 DATED 03.03.2020 OF||
||THE 2ND RESPONDENT||
|EXHIBIT P2|TRUE<br>COPY|OF<br>THE<br>CIRCULAR|
||NO.C1/10711/HSE/94 DATED 27.09.1995 OF||
||THE 2ND RESPONDENT||
|EXHIBIT P3|TRUE COPY OF THE|RELEVANT PAGE OF THE|
||MANUAL OF HIGHER|SECONDARY EXAMINATIONS|
||2022<br>ALONG|WITH<br>G.O(RT)|
||NO.394/2022/G.EDN|DATED 18.01.2022|
|EXHIBIT P4|TRUE<br>COPY|OF<br>THE<br>G.O(RT)|
||NO.5772/2019/G.EDN DATED 30.12.2019 OF||
||THE GOVERNMENT||
|EXHIBIT P5|TRUE<br>COPY|OF<br>THE<br>CIRCULAR|
||NO.56072/TI/2005/|G.EDN<br>DATED|
||22.12.2005 OF THE|GOVERNMENT|
|EXHIBIT P6|TRUE<br>COPY|OF<br>THE<br>CIRCULAR|
||NO.ACD.C4/24639/2014/HSE<br>DATED||
||07.07.2014 OF THE|2ND RESPONDENT|
|EXHIBIT P7|TRUE COPY OF|THE REPRESENTATION|
||SUBMITTED BEFORE|THE GOVERNMENT BY THE|
||PETITIONERS DATED 08.02.2022 (WITHOUT||
||EXHIBITS)||
|EXHIBIT P8|TRUE COPY OF THE|RELEVANT PAGE OF THE|
||PAY<br>REVISION|ORDER<br>G.O(P)|
||NO.27/2021/FIN DATED 10.02.2021 OF THE||
||GOVERNMENT||
|EXHIBIT P9|TRUE<br>COPY|OF<br>THE<br>G.O.(MS)|
||NO.134/2004/G.EDN|DATED 14.05.2004.|
|EXHIBIT P10|TRUE COPY OF THE RIGHT TO INFORMATION||
||ACT NO. AO (5)/70809/08/DIP DATED||
||15.10.2008 ISSUED BY THE STATE PUBLIC||
||INFORMATION|OFFICER,|
||THIRUVANANTHAPURAM.||
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **APPENDIX OF WP(C) 9622/2022**
## PETITIONER EXHIBITS
EXHIBIT. P. 1 THE RUE COPY OF THE CIRCULAR OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HAVING NO. C1/10711/HSE/94 DATED 27.9.1995 EXHIBIT.P.2 THE TRUE COPY OF THE CIRCULAR OF THE GOVERNMENT OF KERALA HAVING NO.56072/T1/2005/G.EDN DATED 22.12.2005 EXHIBIT.P. 3 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT HAVING NO.A2/2858/2013.KDIS DATED 17/8/2013 EXHIBIT.P. 4 THE TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT HAVING NO EX11/1/14452/HSE/2019 DATED 03/03/2020 EXHIBIT.P. 5 THE TRUE COPY OF THE CIRCULAR OF THE SECOND RESPONDENT HAVING NO. ACDS 4/24639/2014/HSE DATED 07/07/2014 EXHIBIT.P.6 THE TRUE COPY F THE ORDER OF THE SECOND RESPONDENT HAVING NO. EXAM 1(2)915/DGE/2021 EXHIBIT.P.7 THE TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT HAVING NO. EXAM 1 (2) 915/DGE /2021 DATED 19/03/2022
WP(C) Nos. 8322, 5358 & 9622 OF 2022
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## **APPENDIX OF WP(C) 8322/2022**
PETITIONER EXHIBITS
|EXHIBIT P1|TRUE COPY OF EMPLOYEE DATA SHEET IN|TRUE COPY OF EMPLOYEE DATA SHEET IN|
|---|---|---|
||RESPECT OF 3RD PETITIONER|MAINTAINED|
||WITH<br>SERVICE<br>AND|PAYROLL|
||ADMINISTRATIVE REPOSITORY|FOR KERALA|
||[SPARK], DATED NIL||
|EXHIBIT P2|TRUE COPY OF CIRCULAR NO: C1/10711/||
||HSE/94 DATED 27.09.1995|ISSUED BY|
||DIRECTORATE OF HIGHER|SECONDARY|
||EDUCATION||
|EXHIBIT P3|TRUE<br>COPY<br>OF|G.O.|
||(MS)NO.79/2003/G.EDN.|DATED|
||28.03.2003 ISSUED BY 1ST RESPONDENT||
|EXHIBIT P4|TRUE<br>COPY<br>OF|G.O.(MS)NO.|
||134/2004/G.EDN.<br>DATED|14.05.2004|
||ISSUED BY 1ST RESPONDENT||
|EXHIBIT P5|TRUE<br>COPY<br>OF|G.O.(MS)NO.|
||299/2004/G.EDN.<br>DATED|24.09.2004|
||ISSUED BY 1ST RESPONDENT||
|EXHIBIT P6|TRUE COPY OF CIRCULAR NO.56072/T1/||
||2005/G.EDN. DATED 22.12.2005 ISSUED||
||BY 1ST RESPONDENT||
|EXHIBIT P7|TRUE COPY OF CIRCULAR|NO:ACD.C4/|
||24639/2014/H.S.E. DATED|07.07.2014|
||ISSUED BY JOINT DIRECTOR|(ACADEMIC)|
||OF HIGHER SECONDARY EDUCATION||
|EXHIBIT P8|TRUE COPY OF NIGHT|WATCHMAN'S|
||ATTENDANCE REGISTER DATED|21.06.2017|
||MAINTAINED BY DARUL ULOOM HIGHER||
||SECONDARY SCHOOL, ERNAKULAM AS TO||
||SAVE A YEAR (SAY) EXAMINATIONS HELD||
||DURING JUNE 2017||
|EXHIBIT P9|TRUE COPY OF NIGHT|WATCHMAN'S|
||ATTENDANCE REGISTER DATED|28.06.2018|
||MAINTAINED BY DARUL ULOOM HIGHER||
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WP(C) Nos. 8322, 5358 & 9622 OF 2022
SECONDARY SCHOOL, ERNAKULAM AS TO SAVE A YEAR (SAY) EXAMINATIONS HELD DURING JUNE 2018
- EXHIBIT P10 TRUE COPY OF NIGHT WATCHMAN'S ATTENDANCE REGISTER DATED 17.03.2017 MAINTAINED BY DARUL ULOOM HIGHER SECONDARY SCHOOL, ERNAKULAM AS TO REGULAR EXAMINATIONS HELD DURING MARCH 2017
- EXHIBIT P11 TRUE COPY OF G.O.(ORD)NO. 5772/2019/G.EDN. DATED 30.12.2019 ISSUED BY 1ST RESPONDENT
- EXHIBIT P12 TRUE COPY OF ORDER NO.EX-II/1/14452/ HSE/2019 DATED 03.03.2020 ISSUED BY THE 2ND RESPONDENT
- EXHIBIT P13 TRUE COPY OF COVER PAGE AND PAGES NOS.1, 3 TO 10, 35 AND 41 OF MANUAL OF HIGHER SECONDARY EXAMINATIONS ISSUED BY 1ST RESPONDENT
- EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED 27.02.2022 SUBMITTED BY 1ST PETITIONER BEFORE 1ST RESPONDENT
- EXHIBIT P15 TRUE COPY OF EMPLOYEE DATA SHEET IN RESPECT OF BIBIN MATHEW, OFFICE ATTENDER OF ST STEPHEN'S GIRLS HIGH SCHOOL, KEERAMPARA MAINTAINED WITH SERVICE AND PAYROLL ADMINISTRATIVE REPOSITORY FOR KERALA [SPARK], DATED NIL
EXHIBIT P16 TRUE COPY OF LIST OF HIGHER SECONDARY SCHOOLS WHERE ONLY ONE LABORATORY ASSISTANT IS EMPLOYED/WORKING, DATED NIL EXHIBIT P17 TRUE COPY OF LIST OF HIGHER SECONDARY SCHOOLS WHERE TWO LABORATORY ASSISTANTS ARE EMPLOYED/WORKING, DATED NIL
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EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 15.1.2020 IN WA 745 OF 2018 BEFORE THIS HONOURABLE COURT. EXHIBIT P19 TRUE COPY OF THE ORDER DATED 29.1.2021 IN SPECIAL LEAVE PETITION (C) NOS.9529-9534 OF 2020 BEFORE THE HONOURABLE SUPREME COURT OF INDIA EXHIBIT P20 TRUE COPY OF THE CIRCULAR NO.AD.D2/224335/2021/D.G.E DATED 1.4.2022 ISSUED BY 2ND RESPONDENT EXHIBIT P21 TRUE COPY OF THE CIRCULAR NO.EXII/1/3500/HSE/2022 DATED 31.5.2022 ISSUED BY 2ND RESPONDENT
RESPONDENT'S EXIBITS
EXHIBIT R2(A) ORDER NO.EX.1(1)/4586/HSE/2021 DATED 15.03.2022.
//TRUE COPY// PA TO JUDGE