IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28163 of 2011(U) -------------------------- PETITIONER(S): --------------- K. SAJITHA, SANSKRIT TEACHER, THODANNUR UPPER PRIMARY SCHOOL, VADKARA, KOZHIKODE DISTRICT. BY ADV. SMT.M.R.SREELATHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE ASSISTANT EDUCATIONAL OFFICER, THODANUR-673108, VADAKARA, KOZHIKODE DISTRICT. 4. MANAGER, THODANNUR UPPER PRIMARY SCHOOL, THODANNUR-673108, VADAKARA, KOZHIKODE DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI K.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28163 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1TRUE COPY OF ORDER OF APPOINTMENT OF THE PETITIONER DATED 4/6/2007 ISSUED BY THE FOURTH RESPONDENT. EXT.P2TRUE COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2007-08 NO.B.6743/2007 DATED 31/07/2007 EXT.P3TRUE COPY OF GO MS NO.43/78/G.EDN. DT.13/04/1978 ISSUED BY THE GOVERNMENT OF KERALA, GENERAL EDUCATION DEPT. EXT.P4TRUE COPY OF COMMUNICATION DT.19/01/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P5TRUE COPY OF GO MS NO.371/2000/G.EDN., DT.13/11/2000 ISSUED BY GOVT. OF KERALA, DEPARTMENT OF GENERAL EDUCATION. EXT.P6TRUE COPY OF REVISION PETITION DT.09/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7TRUE COPY OF REVISION PETITION DT.28/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8TRUE COPY OF ORDER NO.50115/S1/09/G.E DT.30/04/2010 ISSUED BY THE GOVERNMENT OF KERALA, GL.EDUCATION DEPT. EXT.P9TRUE COPY OF COMMUNICATION DT.14/02/2011 ISSUED BY THE 1ST RESPONDENT'S OFFICE TO THE PETITIONER. \\TRUE COPY// P.A.to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28163/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of October, 2011 J U D G M E N T The petitioner seeks for a direction to the Revisional Authority to take a decision on Ext.P7 Revision Petition. It is a case where the petitioner is working as a Sanskrit Teacher (full time) pursuant to an appointment made by the third respondent on 04/06/2007. It is stated that the appointment was made in a retirement vacancy of one Shri V.K.Narayanan. 2. The main contention raised by the petitioner is that full time post can be created by Group 'C' diversion. Various Government Orders have been relied upon in that context. Ext.P7 is the revision petition filed by the petitioner in that regard. Ext.P9 will show that the revision petition has been forwarded by the Government to the Director of Public Instruction for report as per letter dated 14/02/2011. 3. Heard the learned Government Pleader appearing for the respondent Nos.1 to 3. W.P.(C). No.28163/2011 -:2:- 4. There will be a direction to the first respondent to take a decision on Ext.P7 Revision Petition after hearing the petitioner and the Manager and also in the light of Ext.P8 order passed in respect of Shri K.Assainar, Urdu Teacher, who was appointed along with the petitioner in the same school, within a period of four months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms