IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18349 of 2010(P) -------------------------- PETITIONER(S): --------------- SHYJI.P, W/O.JAYADEVAN,AGED 28 YEARS, FULL-TIME SANSKRIT TEACHER,KOYYODE MADRASSA U.P.SCHOOL,P.O.KAYYODE,KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH,P.O.KANNUR-2. 4. THE MANAGER,KOYYODE MADRASSA U.P.SCHOOL, P.O.KOYYODE,KANNUR DISTRICT. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, ALONG WITH WPC.NO.18350 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) Nos.18349 & 18350 of 2010 P ``````````````````````````````````````````````````````` Dated this the 14th day of June, 2010 J U D G M E N T The petitioner in the former writ petition was appointed as a Full Time Sanskrit Teacher with effect from 05-06-2008 against a retirement vacancy as per Ext.P1. The petitioner in the latter writ petition was appointed as a Part Time Sanskrit Teacher on 31-07-2008 against a retirement vacancy as per Ext.P1. Subsequently, relying on Ext.P3 Government Order, the Manager of the School promoted and posted the petitioner in the latter writ petition as Full Time Sanskrit Teacher as per Ext.P4(a). Ext.P2 in both the writ petitions would reveal that the aforesaid post held by the petitioners were converted as Full Time posts by a Group C diversion. The petitioners claim the benefit of GO(MS) No.371/2000/G.Edn. dated 13-11-2000. Paragraph 4 of the said Government Order has some relevance in the context of their contentions. It reads thus:- “ 4. Government have examined the matter in detail and are pleased to clarify that the posts created by virtue of Group C diversion WPC.18349&18350/2010 : 2 : cannot be treated as protected and that such full- time posts cannot be converted into part time posts.” 2. For getting the benefits of the said Government Order dated 13-11-2000, the petitioners have filed Ext.P7 revision petitions before the first respondent. Ext.P7 dated 12-05-2010 is the revision petition filed by the petitioner in the former writ petition and Ext.P7 dated 10-05-2010 is the revision petition filed by the petitioner in the latter writ petition. The said revision petitions are pending before the Government. As already noticed hereinbefore, the Government have issued orders as per Ext.P3 and when the petitioners claimed that they are entitled to get the benefits under Ext.P3 and filed representations for extension of the said benefit, they require consideration by the first respondent. In the said circumstances, these writ petitions are disposed of with a direction to the first respondent to consider the respective revision petitions, namely, Ext.P7 dated 12-05-2010 filed by the petitioner in W.P.(C) No.18349/2010 and Ext.P7 revision petition dated 10-05-2010 filed by the petitioner in W.P.(C) No.18350/2010, in the light of Ext.P3, expeditiously, at any rate, WPC.18349&18350/2010 : 3 : within a period of three months from the date of receipt of a copy of this judgment with notice to the fourth respondent. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge