IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 25004 of 2010(A) ----------------------------------------- PETITIONER(S): -------------------------- ABDUL RASHID P., S/O.ABDULAKUTTY, AGED 31 YEARS, FULL-TIME ARABIC TEACHER, PUZHATHI NORTH U.P.SCHOOL, P.O.KOTTALI, 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 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, P.O.KANNUR, KANNUR DISTRICT - 2. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI, P.O.PAPPINISSERI, KANNUR DISTRICT - 670 561. 5. THE MANAGER, PUZHATHI NORTH U.P. SCHOOL, P.O.KOTTALI, KANNUR DISTRICT - 670 014. R1 TO R4 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.25004 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010 J U D G M E N T The petitioner was appointed as a full-time Arabic Teacher in the 5th respondent school as per Ext.P1. The said appointment was made with effect from 12.7.1999 in anticipation of sanction of one full-time post of Arabic Teacher in the UP section of the school in terms of Rule 6(2) (iii)(c) of Chapter XXIII of Kerala Education Rules. The 4th respondent declined to approve the said appointment. Ext.P2 is the staff- fixation order for the academic year 1999-2000. A revision petition was then filed against the same and it was allowed as per Ext.P3 by the 2nd respondent. However, the appointment of the petitioner was approved by the AEO only with effect from 5.6.2000 instead of 12.7.1999. In the appeal, the 3rd respondent modified Ext.P3 order and directed the AEO to grant approval of appointment to the petitioner with effect from 1.9.1999 instead of 12.7.1999. Since the appointment was not approved with effect from 12.7.1999, the petitioner took up the same in revision before the first respondent. WPC.No.25004/2010 : 2 : Ext.P5 revision petition was filed for that behalf, based on the provision under Rule 12B of Chapter XXIII of the Kerala Education Rules is pending consideration before the first respondent. Based on Rule 12-E(3) of Chapter XXIII of KER it has been contended therein that when a qualified hand was working with effect from 12.7.1999 approval should have been given effect from 12.7.1999 itself instead of 1.9.1999. In the circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P5 revision petition on merits expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioner and the 5th respondent. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge