IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 5055 of 2011(F) ---------------------------------- PETITIONER(S): -------------------- K.HEMALAL,S/O.ACHUTHAN NAIR,AGED 28 YEARS, FULL-TIME SANSKRIT TEACHER,VEEMANGALAM A U P. SCHOOL,P.O.MOODADI NORTH,KOZHIKODE DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION(E) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF EDUCATION,KOZHIKODE, POST KOZHIKODE-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE,POST KOZHIKODE-673020. 4. THE ASSISTANT EDUCATIONAL OFFICER, MELADI,KOZHIKODE DISTRICT,PIN-673522. 5. THE MANAGER,VEEMANGALAM A U P SCHOOL, P.O.MOODADI NORTH-673307,KOZHIKODE DISTRICT. 6. THE HEADMISTRESS,VEEMANGALAM A U P SCHOOL,P.O.MOODADI NORTH-673307,KOZHIKODE DIST. R1 TO R4 BY GOVT. PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.5055 Of 2011 ----------------------------------------------------- DATED THIS THE 17th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Exhibit P8 revision petition. 2. A part time post of Sanskrit was introduced in the School with effect from 10.7.1974 and one Smt.Lakshmikutty Amma was appointed against the vacancy. The appointment was approved as per Exhibit P1. It was converted as a full time post with effect from 15.7.1977 and the same was approved as per Exhibit P2 order by the Assistant Educational Officer. She retired from service on 30.4.2002 in which vacancy the petitioner was appointed as a Part Time Sanskrit Teacher as per Exhibit P2(a) and Exhibit P3 is the copy of the staff fixation order. 3. According to the petitioner, the change made in the staff fixation order was without hearing the Manager and even though the Manager challenged the same, it was rejected as per Exhibit P4 order and the Manager has already moved the Government by filing a revision petition. The petitioner filed a separate revision petition as Exhibit P8. W.P.(C)No.5055/11 -2- 4. The learned counsel for the petitioner submitted that in respect of one Smt.P.V.Premalatha, Sanskrit Teacher of the North Mopila U.P.School, Mattool by Exhibit P7 order, the Government restored the full time post of Sanskrit therein. It is therefore submitted that the petitioner is also entitled for similar benefits. 5. It is upto the Government to take a decision in the matter. In the light of the contentions raised by the parties, there will be a direction to the Government to take a decision on Exhibit P8 revision petition after hearing the petitioner and the Manager which will be heard along with the revision petition filed by the Manager, which is stated to be pending even now, within a period of three months from the date of receipt of a copy of the judgment. The Writ petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge