IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29865 of 2011(G) -------------------------- PETITIONER: --------------- SHYMA CHANDROTH W/O.P.P.SURESHAN, AGED 38 YEARS, FULL-TIME SANSKRIT TEACHER, KEEZHALLUR UPPER PRIMARY SCHOOL, P.O.KEEZHALLUR, KANNUR 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, THIRUVANANTHAPURAM-695001 2. THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR P.O.MATTANNUR, KANNUR DIST-670702 BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29865 of 2011(G) APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF THE G.O(RT)NO.2790/2010.G.EDN OF THE GOVT.DT.26.6.10 EXT.P2:- TRUE COPY OF THE PROCEEDINGS ORDER NO.F/5035/209 OF THE 2ND RESPONDENT DT.15.10.10. EXT.P3:- TRUE COPY OF THE REPRESENTATION FILED BEFORE THE GOVT.DT.5.8.11 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29865 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner was appointed as a Full Time Sanskrit Teacher from 12.8.2003 in the Kezhallur Upper Primary School. After the authorities refused to grant approval, the petitioner had to approach the Government and the Government by Exhibit P1 order directed restoration of the full time post from 2.6.2003 onwards. Exhibit P2 is the consequential order passed by the Assistant Educational Officer. 2. As regards the 2004 pay revision, the petitioner had opted pay revision from 12.10.2004 excluding the vacation pay during 2004, April and May as the post was sanctioned only as part time. After the orders Exhibits P1 and P2 were issued, the petitioner moved the Government by filing Exhibit P3 representation to grant permission for modifying the option submitted. 3. It is upto the Government to take a decision on Exhibit P3 representation in accordance with law. There will be a W.P.(C)No.29865/11 -2- direction to the Government to take a decision on Exhibit P3 representation, after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn