IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 14770 of 2009(M) -------------------------------------- PETITIONER(S): ----------------------- SAHEERA P AGED 25 YEARS, W/O. ASHRAF FULL TIME URDU TEACHER, THANNADA CENTRAL U.P.SCHOOL, P.O.CHALA EAST 670 621,KANNUR DISTRICT BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION KANNUR, P.O.KANNUR-2 4. THE ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH , P.O.KANNUR-2 5. THE MANAGER THANNADA CENTRAL U.P.SCHOOL P.O.CHALA EAST, 670 621,KANNUR DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14770/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF APPOINTMENT DTD. 31.7.2006. P2:- COPY OF THE PROCEEDINGS NO.C.1364/79OF THE ASST. EDUCATIONAL OFFICER DTD. 12.7.1979. P3:- COPY OF THE G.O.(MS) NO.371/2000/G.EDN. OF THE GOVERNMENT DTD. 13.11.2000. P4:- COPY OF THE ORDER NO.D.DIS 103523/07/RA(3)/DPI OF THE 2ND RESPONDENT DTD. 6.3.2008. P5:- COPY OF THE G.O.(RT) NO.2390/2008/G.EDN. OF THE GOVERNMENT DTD. 27.5.2008. P6:- COPY OF THE ORDER NO.26792/J1/2007/G.EDN. OF THE GOVERNMENT DTD. 29.5.2007. P7:- COPY OF THE G.O.(RT) NO.723/2009/G.EDN. OF THE GOVERNMENT DTD. 16.2.2009. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14770 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2011. JUDGMENT The challenge is against Ext.P7 order by which the Government took the view that the sanction of full time post of Urdu by Group C diversion with effect from 31.7.2007 is inadmissible due to the ban imposed as per G.O.(P) No.317/05/GE dated 17.8.2005. 2. The petitioner was appointed as full time Urdu teacher in Thannada Central U.P. School in the vacancy of one Shri K. Muhammed who retired from service, with effect from 30.7.2006. The approval was granted only as a part time Urdu teacher. Full time post of Urdu was being granted in the school by various staff fixation orders, by diverting three periods from Group 'C' subjects. The copy of the order passed by the Assistant Educational Officer is produced as Ext.P2. 3. Learned counsel for the petitioner submitted that the view taken in Ext.P7 that the ban order stands in the way of sanctioning full time benefit by considering diversion from Group 'C ' subjects, cannot be supported. It is pointed out that the ban imposed by the Government was with regard to creation of additional division vacancies and consequent creation of wpc 14770/2009 2 additional posts. 4. As far as Group 'C' diversion is concerned, the matter is governed by Ext.P3 Government Order. The benefit of the said Government Order was granted to various teachers also. It is also pointed out that the ban on creation of additional posts was lifted by the Government as per G.O. No.10/2010 dated 12.1.2010. Evidently, the real question is whether the post can be converted as a full time one. The said question was not addressed by the Government while passing the impugned order and the ban imposed by the Government cannot apply in this case. 5. Therefore, Ext.P7 is quashed. There will be a direction to re-hear the revision petition filed by the Manager and to take a fresh decision in the light of the above findings and in the light of the subsequent Government Orders, within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/