IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 35420 of 2009(V) -------------------------- PETITIONER(S): --------------- THE MANAGER, CHEENAMVEEDU U.P.SCHOOL, P.O.PUDUPPANAM, VATAKARA, KOZHIKODE 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 DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE ASSISTANT EDUCATIONAL OFFICER VATAKARA, KOZHIKODE DISTRICT. 5. SMT.LASITHA PALLITHARA, SANSKRIT TEACHER, CHEENAMVEEDU U.P.SCHOOL P.O.PUDUPPANAM, VATAKARA, KOZHIKODE DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35420/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T The petitioner is the Manager of Cheenamveedu U.P School, Puduppanam, Vatakara. 2. The fifth respondent was appointed as a Full-time Sanskrit Teacher, which was in existence by diversion of periods from Group 'C' subjects, with effect from 14/06/2004, in a retirement vacancy of Smt.K.P.Kalliani and, it was approved as such. The copy of the order of approval of appointment is produced as Ext.P1. During the academic year 2008-09, the Assistant Educational Officer abolished the existing Full-time post of Sanskrit Teacher as per Ext.P2 order and sanctioned a Part-time post only. Even though an appeal was filed against Ext.P2, the same was rejected as per Ext.P3 order and thereafter, the petitioner has approached the Government by Ext.P4 revision petition. The petitioner is relying upon various orders passed by the Government and, various Judgments rendered by this Court to contend for the position that the order passed by the authority cannot be sustained. It is pointed out that Ext.P4 revision petition is pending consideration before the General Education Department as per File No.4934/E2/G.Edn.. W.P.(C). No.35420/2009 -:2:- 3. There will be a direction to the first respondent to take a decision on Ext.P4 revision petition after hearing the petitioner and the fifth respondent within a period of four months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of this Judgment along with a copy of the Writ Petition before the first respondent for compliance. The Writ Petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms