IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 25630 of 2009(W) ---------------------------------------- PETITIONER(S): ------------------------- M.SOBHANA, FULL TIME HINDI TEACHER B.E.M.U.P SCHOOL, OTTAPPALAM,PALAKKAD DISTRICT BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE CORPORATE MANAGER ALL C.S.I.SCHOOLS IN MALABAR & WAYNAD, BANK ROAD, CALICUT. 2. HEADMASTER, B.E.M.U.P SCHOOL, OTTAPPALAM. 3. ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM. *ADDL. R4 IMPLEADED. 4. P.BABY MOHANDAS, FULL TIME HINDI TEACHER B.E.M.U.P.SCHOOL, THRIKKATTIRI, OTTAPPALAM. ADDL. R4 IS IMPLEADED AS PER ORDER DT. 4.11.2009 IN 13820/09. R1 & R2 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.C.P.SIVADASAN NAIR. R3 BY GOVT. PLEADER SMT.M.R.SREELATHA R4 BY SRI.S.MUHAMMED HANEEFF, SRI.R.KRISHNAKUMAR (CHERTHALA). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25630/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 08-09. P2:- COPY OF THE ORDER DTD. 9.1.09 OF THE DY.DIRECTOR. P3:- COPY OF THE APPEAL DTD. 31.1.09 FILED BY THE MANAGER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS. P4:- COPY OF THE REPRESENTATION DTD. 20.7.09 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P5:- COPY OF THE STAFF FIXATION ORDER DTD. 14.8.2010 OF THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25630 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2011. JUDGMENT The petitioner herein was appointed as a Full Time Hindi Teacher in B.E.M. U.P. School, Ottappalam. She entered service on 12.7.1990 and was posted in B.E.M. U.P. School, Parapperi. The appointment of the petitioner was approved and she was transferred to B.E.M. U.P. School, Ottappalam and is continuing as such. 2. During the academic year 2008-2009 due to division fall, one post of Full Time Hindi Teacher was reduced as a part time post. Ext.P1 is the copy of the staff fixation order. Even though an appeal was filed and a second appeal was also filed, both of them were rejected as per Exts.P2 and P3. 3. The sole question raised by the petitioner is that even if there is a conversion of the post as part time, whether that will affect the petitioner in any manner since she has got more than 18 years approved and continuous service and there are sufficient periods also? It is in these circumstances this writ petition has been filed. 4. Ext.P5 is the proceedings of the Assistant Educational Officer, wpc 25630/2009 2 Ottappalam dated 14.8.2010 which is for the year 2010-2011. In the Note under the Appendix it is stated that Part Time Hindi post sanctioned with full time benefit to Smt. Sobhana as per G.O.(MS) 62/73 dated 2.5.73. 5. Therefore, evidently the petitioner has been granted full time benefit in the year 2010-2011. Learned counsel for the petitioner submitted that from August 2010 onwards the petitioner is getting salary on that basis. 6. Hence, the only question is whether during the relevant period also the petitioner was entitled for the full time benefits in terms of the Government Order dated 2.5.1973. In para 2 of the counter affidavit filed by the third respondent, it is stated that the petitioner has continuous service from 12.7.1990 and she is working at BEMUPS, Ottappalam from June 1999 onwards. It is evident from the said paragraph that there were 12 periods for Hindi for the year 2008-2009. It is stated in para 3 that the teacher has more than 18 years of service and she is eligible for full time benefit as per the Govt. Order dated 2.5.1973. Learned counsel for the petitioner therefore submitted that there is no justification for denying the said benefit to the petitioner. 7. Learned Govt. Pleader submitted that if the petitioner satisfies the conditions in the said Govt. Order alone, the full time benefit can be wpc 25630/2009 3 allowed. It is also submitted by the learned Govt. Pleader that the Manager can accommodate the petitioner in any other school under it in a full time post. Learned counsel for the petitioner submitted that the Manager has already submitted a declaration that no such post is available. Therefore, the question is whether the conditions in the Govt. Order dated 2.5.1973 are satisfied. Herein, evidently the periods are 12 which is evident from the counter affidavit itself. The petitioner has got more than 18 years of continuous service also. Therefore, both the conditions are satisfied. Apart from that, as per Ext.P5 order the said benefit has been granted for the year 2010-2011. 8. In that view of the matter, it is declared that the petitioner is entitled for the full time benefit in terms of the Govt. Order dated 2.5.1973 for the academic year 2008-2009 also. Appropriate orders shall be passed by the Asst. Educational Officer within one month from the date of receipt of a copy of this judgment and the monetary benefits will be disbursed to the petitioner expeditiously, in terms of the said order. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/