IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10225 of 2009(W) ------------------------------------ PETITIONER(S): ---------------------- SUJITH.M, AGED 32 YEARS,S/O.SREEDHARA MARAR,FULL-TIME L.G.SANSKRIT TEACHER,CHELERI.A.U.P SCHOOL, P.O.CHELERI-670604,KANNUR DISTRICT. BY ADV. 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,TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR-2. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH, P.O.TALIPARAMBA,KANNUR DIST. 4. THE MANAGER,CHELERIA.U.P.SCHOOL, P.O.CHELERI, KANNUR-670604. SR. GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10225 of 2009 -------------------------------------- Dated 30th March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The fourth respondent Manager appointed the petitioner as Full time Lower Grade Sanskrit teacher by Ext.P1 appointment order dated 1.6.2007 in a vacancy that arose when Smt.E.V.Sreedevi, the incumbent proceeded on leave preparatory to retirement from service. The post of Sanskrit teacher against which Smt.E.V.Sreedevi was working was a full time post as can be seen from Ext.P2 staff fixation order issued for the academic year 1982-83. However, by Ext.P3 staff fixation order for the year 2007-08 issued on 6.10.2007, the Assistant Educational Officer converted the post of Full time Sanskrit teacher into a Part time post. Aggrieved by Ext.P3 staff fixation order to the extent it converts the Full time post into a Part time post, the petitioner has filed Ext.P8 revision petition dated 3.2.2009 before the Government. In Ext.P8, the petitioner relies on Exts.P4 to P6 Government orders and WP(C).No.10225/2009 2 Ext.P7 order passed by the Director of Public Instruction to contend that Full time posts of language teachers sanctioned by converting periods from Group `C' subjects cannot be made Part time posts. In this writ petition, the petitioner inter alia seeks a direction to the Government to consider Ext.P8 revision petition and pass orders thereon within a time limit to be fixed by this Court. 3. Rule 12F of Chapter XXIII of the Kerala Education Rules empowers the Government to revise staff fixation orders. The petitioner has invoked the said power of the Government in Ext.P8, though it is styled as a petition under Rule 92 of Chapter XIV A of the Kerala Educational Rules. The question whether in the light of Exts.P4 to P7 Government orders, the decision taken by the Assistant Educational Officer in Ext.P3 staff fixation order to convert the post of Full time Sanskrit teacher into a Part time post is sustainable or not, is primarily a matter which the Government has to decide. The petitioner was appointed during the academic year 2007-08. Nearly two years have passed after the petitioner was appointed. In these circumstances, I am of the opinion that the Government should pass orders on Ext.P8 revision petition expeditiously. I accordingly dispose of this writ petition with a direction to the Government to consider Ext.P8 revision petition and pass orders WP(C).No.10225/2009 3 thereon after notice to and affording the petitioner and the fourth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.RAVINDRAN Judge TKS