IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37850 of 2010(E) --------------------------------------- PETITIONER(S): ----------------------- V.V.M. BASHEER, S/O. ABOOBACKER, AGED 46 YEARS, B.K. NAIR MEMORIAL U.P.SCHOOL, P.O.KOZHUKKALLUR, (VIA) MEPPAYUR, MELADY SUB DISTRICT, VADAKARA EDUCATIONAL DISTRICT, KOZHIKODE DISTRICT. BY ADV. SRI.V.A.MUHAMMED, SRI.K.E. HAMSA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, P.O.KOZHIKODE-673 020. 4. THE ASSISTANT EDUCATIONAL OFFICER, MELADY, P.O.MELADY-673 522, KOZHIKODE DISTRICT. 5. THE MANAGER, B.K.N.M.U.P. SCHOOL, P.O.KOZHUKKALLUR, KOZHIKODE DISTRICT-673 524. R1 TO R4 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 37850/2010-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF APPOINTMENT. EXT.P2: COPY OF THE STATEMENT OF CHANGE OF STAFF. EXT.P3: COPY OF THE ORDER NO.K.DIS.B3/27628/06 OF THE DEPUTY DIRECTOR OF EDUCATION. EXT.P4: COPY OF THE ORDER NO.RA4/80256/2006/DPI/K.DIS. OF THE 2ND RESPONDENT. EXT.P5: COPY OF THE STAFF FIXATION ORDER 1987-88. EXT.P5(a): COPY OF THE STAFF FIXATION ORDER 1988-89. EXT.P6: COPY OF THE G.O.(MS)NO.371/2000/G.EDN. OF THE GOVERNMENT. EXT.P7: COPY OF THE REVISION FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs K.T.SANKARAN, J. ------------------------------ W.P.(C).No.37850 OF 2010 ------------------------------ Dated this the 21 st day of December, 2010 JUDGMENT The petitioner was appointed as Peon in B.K.N.M. U.P School, Kozhukkallur on 31.7.1978. He was promoted as Full-Time Urdu Teacher against a retirement vacancy, on 31.3.2006, as per Ext.P1 order of appointment. The appointment of the petitioner was approved by the educational officer, only as a part-time Urdu teacher. The Manager filed an appeal against that order before the Deputy Director of Education. The Deputy Director of Education rejected the appeal, as per Ext.P3 order dated 13.11.2006. The Manager filed revision before the Director of Public Instruction, challenging Ext.P3 order. The revision was rejected, as per Ext.P4 order dated 1.4.2008. The petitioner filed Ext.P7 revision dated 9 th December, 2010, challenging the order passed by the Director of Public Instruction. W.P.(C).No.37850 OF 2010 2 2. It is contended by the petitioner that the Full-Time post of Urdu was created in the school by Group 'C' diversion, as evidenced by Exts.P5 and P5 (a) staff fixation orders for the years 1987-1988 and 1989-1990. According to the petitioner, once a Full-Time post is created by Group 'C' Diversion, it cannot be converted into a part-time post. 3. The reliefs prayed for in the Writ Petition are the following: i) declare that B.K.N.M.U.P.School, Kozhukkallur is entitled to have continuously sanctioned the full-time post of Urdu teacher. ii) call for the records relating to Exts.P3 and P4 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. iii) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to grant approval to the petitioner as full-time Urdu teacher from 31.7.2006 with attendant benefits. iv) issue an interim direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Ext.P7 after affording an opportunity of being heard to W.P.(C).No.37850 OF 2010 3 the Petitioner within a time limit. v) 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. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Ext.P7 Revision dated 9.12.2010 is considered and disposed of by the first respondent expeditiously. 5. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P7 revision filed by the petitioner, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment. W.P.(C).No.37850 OF 2010 4 b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioner shall send copy of the Writ Petition and copy of the judgment to the 5 th respondent Manager by registered post and the petitioner shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms