IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 22721 of 2008(E) PETITIONERS : 1. VISHNU.V.J.P. AGED 29 YEARS, S/O.V.J.P.KESAVA VADYAN NAMBOODIRI, FULL-TIME SANSKRIT TEACHER, NERUVAMBRAM.U.P SCHOOL P.O.PAYANGADI, KANNUR DISTRICT. 2. SREEJA.M, AGED 32 YEARS,W/O.VIJAYAN, FULL-TIME URDU TEACHER, NERUVAMBRAM U.P. SCHOOL, P.O.PAYANGADI, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O.KANNUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, MADAYAI,P.O. PAYANGADI, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 22721 OF 2008 E -------------------------------------------- Dated this the 4th August, 2008 JUDGMENT Petitioners state that the first petitioner was appointed as Full Time Sanskrit Teacher and the second petitioner was appointed as Full Time Urdu Teacher in Neruvambram U.P.School against the retirement vacancies. The appointments were approved as per Exts.P1 and P2. However, the approval was only as part time teachers. In the staff fixation order 2007-08, it is stated that posts of Full Time Sanskrit Teacher and Full Time Urdu Teacher were not admissible due to lack of periods. It is also stated therein that the period from Group 'C' subjects cannot be diverted to other subjects. The staff fixation order is produced as Ext.P3. It is stated by the petitioners that the posts of Full Time Sanskrit Teacher and Full Time Urdu Teacher were sanctioned in the School by diverting three periods from Group 'C' subjects with effect from 15.7.1982, as evidenced by Ext.P4 staff fixation order. As per Ext.P5 order passed by the Government, it is stated thus: “Government have examined the matter in detail and are pleased to clarify that the posts created by virtue of Group 'C' diversion cannot be treated as protected and that such full time posts cannot be converted into part time posts.” W.P.(C) NO.22721 OF 2008 :: 2 :: 2. It is stated that the number of periods for the last 25 years available in the School is 12 in Sanskrit and 12 in Urdu. According to the petitioners, the Assistant Educational Officer has arbitrarily converted the posts as part-time, pointing out that Group 'C' periods cannot be diverted for other subjects, which according to the petitioners, is illegal and erroneous as per the existing Government Orders. It is also stated that Ext.P5 Government Order was ignored by the Assistant Educational Officer while issuing the staff fixation order 2007-08 onwards. The petitioners rely on Ext.P6 judgment and Exts.P7 and P8 Government Orders passed in the case of other teachers who are stated to be similarly situated. In Exts.P9 and P9(a) Revision Petitions, the petitioners have pointed out the aforesaid facts and prayed for a direction to be issued to the Assistant Educational Officer to restore the full time posts of Sanskrit Teacher and Urdu Teacher. Exts.P9 and P9(a) are pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “a) call for the records relating to Exhibit P-3 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. b) declare that Neruvambram U.P.School is entitled to have continuance of Full-time posts of Sanskrit and Urdu which it had, in the light of Exhibit P-5. c) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to approve the appointments of the Petitioners as Full- time teachers in view of Exhibit P-5. W.P.(C) NO.22721 OF 2008 :: 3 :: d) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibits P-9 and P-9(a) after affording an opportunity of being heard to the Petitioners within a time limit. e) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. For the time being, the petitioners confine their relief to relief (d) in the Writ Petition, reserving their right to raise the other points at the appropriate stage. The request of the petitioners to issue a direction to consider Exts.P9 and P9(a) Revision Petitions is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall dispose of Exts.P9 and P9(a) Revision Petitions as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioners. b) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. W.P.(C) NO.22721 OF 2008 :: 4 :: c) The petitioners would be entitled to produce such other materials and documents as are relevant before the first respondent. d) The first respondent shall also hear the Manager before passing final orders in Exts.P9 and P9(a) Revision Petitions. (K.T.SANKARAN) Judge ahz/