IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 12044 of 2009(A) --------------------------------------- PETITIONER(S): ----------------------- SUMATHY.K.K., 30 YEARS, W/O.SELVAKUMAR, PART TIME SANSKRIT TEACHER, AUPS, PANANGATTIRI, PALAKKAD, RESIDING AT SIVANI NIVAS, KALLENKKAD, NALLEPULLY, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, PALAKKAD. 4. THE MANAGER, A.U.P.S. PANANGATTIRI, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R4 BY ADV.SRI.MATHEW KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12044/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DTD.5.10.2005 ISSUED BY THE MANAGER OF THE SCHOOL. P2:- COPY OF THE STAFF FIXATION PROCEEDINGS NO.D.DIS. B/1763/07 DTD. 23.9.07. P3:- COPY OF THE GO(RT) 5014/68/EDN. DTD. 8..11.68 ISSUED BY THE GOVT. P4:- COPY OF THE GO(MS) 43/78/G.EDN. DTD. 13.4.78 ISSUED BY THE GOVT. P5:- COPY OF THE GOVT. LETTER NO.51064/J2/91/G.EDN. DTD. 27.12.1991. P6:- COPY OF THE GOVT. LETTER NO.60075/J2/92/G.EDN. DTD. 4.9.92. P7:- COPY OF THE GO(MS)371/2000/G.EDN. DTD. 13.11.2000. P8:- COPY OF THE DPI NO.H(2) 11634/06 DTD. 2.5.05. P9:- COPY OF THE GOVT. LETTER NO.17408/E2/08/G.EDN. DTD. 2.7.08. P10:- COPY OF THE APPEAL BY THE MANAGER TO THE DPI DTD. 18.1.08. P11:- COPY OF THE DPI NO.RA(3) 7934/08/DPI /K.DIS DTD. 12.2.08. P12:- COPY OF THE REVISION PETITION FILED BY THE MANAGER TO THE GOVT. DT. 25.2.08. P13:- COPY OF THE ORDER OF THE GOVT. NO.26155/B3/08/GE DTD. 29.11.08 . P14:- COPY OF THE G.O.(P) 10/10/G.EDN. DTD. 12.1.2010. P14:- COPY OF THE GL(MS) 220/2010/G.EDN. DTD. 4.11.2010 (I.A. NO.2231/2011). RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12044/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of February, 2011 J U D G M E N T The petitioner is a part-time Sanskrit Teacher working in the school managed by the fourth respondent. Aggrieved by the rejection of her claim for converting the post as a full-time one, this writ petition has been filed. 2. The appointment of the petitioner was made on 05/10/2005 after the staff fixation proceedings were issued. It was approved by Ext.P1 order and since then she has been continuing. 3. The petitioner relied upon Exts.P3, P4 and P5 orders whereby by diversion of periods, popularly known as Group 'C' diversion, the post can be made as a full- time one. Exts.P6 to P8 are other communications relied upon by the petitioner. The petitioner has also produced Ext.P9 order passed by the Government, in favour of one Smt.Manju Parvathi a part-time Sanskrit Teacher, directing the Assistant Education Officer, Calicut, to take appropriate steps in terms of Group W.P.(C). No.12044/2009 -:2:- 'C' diversion to create a full-time post of Sanskrit Teacher and to appoint the said teacher. Even though the management requested for the same benefit, the Government by Ext.P13 rejected it. 4. In Ext.P13 it is stated that due to the ban against sanctioning of additional divisions/posts, the request cannot be allowed. It is also mentioned that there is no statutory provision to divert periods from one subject to another as it will hamper the harmonious development of children and adversely affect the curriculum transaction. Along with I.A.No.3250/2010, the petitioner has produced G.O.(P).No.10/10/G.Edn., dated 12/01/2010 whereby the said ban has been lifted. 5. The Manager has filed a counter affidavit. It is averred in paragraph (2) that there is only one Group 'C' post, namely, Physical Education Teacher and all other Group 'C' periods are lying vacant and it is very much possible to divert those periods to grant full-time status to the petitioner. It is also stated that by Group 'C' diversion none of the teachers are going to be affected. It is also averred that the W.P.(C). No.12044/2009 -:3:- proposed diversion of other Group 'C' subjects will not affect the Physical Education Teacher, the lone Group 'C' subject teacher in the school. 6. In the light of the above averments in the counter affidavit, the matter will be re-considered by the Government. In that view of the matter, Ext.P13 order is quashed. There will be a direction to the Government to consider the matter afresh in the light of Exts.P3 to P9 and Ext.P14 order produced along with I.A.No.3250/2010 passed by the Government lifting the ban and appropriate orders will be passed after hearing the petitioner and the Manager within a period of three months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms