IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 30654 of 2010(F) -------------------------- PETITIONER(S): --------------- R.K.MEENA, W/O.ULPALAKSHAN, AGED 33 YEARS, FULL-TIME URDU TEACHER, SKVUP SCHOOL, CHATTIOL, P.O.OLAYAMBADI, KANNUR DISTRICT-670306. 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, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNOOR, P.O.PAYYANNOOR, KANNUR DISTRICT 670307. 4. THE MANAGER, SKVUPSCHOOL, CHATTIOL P.O.OLAYAMBADI, KANNUR DISTRICT-670306. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30654 of 2010 --------------------------------------------- Dated this the 21st day of October, 2010 JUDGMENT The petitioner was appointed as Full Time Urdu Teacher in SKVUP School, Chattiol, Kannur District against the retirement vacancy of Sri.T.K.Assain, who retired as Full Time Urdu Teacher on 31.3.2010. It is stated that the full time post of Urdu Teacher was created in the school by way of Group 'C' diversion. Exhibit P2 Staff Fixation Order for the academic year 1981-1982 shows that the full time post of Urdu Teacher was created by Group 'C' diversion. The petitioner states that in view of G.O.(Ms.) No.371/2000/G.Edn. dated 13.11.2000, the full time post created by Group 'C' diversion cannot be converted into part time post. However, the Assistant Educational Officer rejected the proposal for approval of appointment of the petitioner, as per Exhibit P7 order dated 14.9.2010. Challenging Exhibit P7 order, the petitioner submitted Exhibit P6 revision petition dated 20.9.2010 before the first respondent. Exhibit P6 is pending disposal. WPC No.30654/2010 2 2. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Exhibit P6 revision is directed to be disposed of. Since Exhibit P6 revision is pending, I am of the view that without arriving at any finding on the merits in the Writ Petition, the first respondent can be directed to dispose of Exhibit P6 revision on the merits. Accordingly, the Writ Petition is allowed in part as follows : (i) The first respondent shall consider and dispose of Exhibit P6 revision dated 20.9.2010 filed by the petitioner, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. WPC No.30654/2010 3 (iii) The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the fourth respondent Manager by registered post and she shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl