IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 5404 of 2006(R) ------------------------- PETITIONER(S): --------------- S.SUDHARMANI AMMA, PART-TIME DRAWING TEACHER, K.K.V.U.P.SCHOOL, VETTAMPALLY, PANAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, RESIDING AT KADAMPARA VEEDU, THOTTAVARAM, ATTINGAL, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD, THIRUVANANTHAPURAM. 4. THE MANAGER, K.K.V.U.P.SCHOOL, VETTAMPALLY, PARAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY SRI. DILIP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the relevant extract of the time table in the school for the academic year 1997-98 Ext.P2: True copy of the representation dated 15.6.1998 submitted by the petitioner before the 1st respondent Ext.P3: True copy of the judgment of this Hon'ble Court in O.P. 14793/98-J dated 27.8.98 Ext.P4: True copy of the G.O.(Rt) No. 164/99/G.Edn. dated 12.1.1999 Ext.P5: True copy of the G.O.(Ms)No.56/71/G. Edn. dated 19.5.1971 Ext.P6: True copy of the G.O.(Ms)No.87/79/G.Edn. dated 2.6.1979 Ext.P7: True copy of the judgment of this Hon'ble Court in O.P.No.6328/1997-C dt.28.9.05 Ext.P8: True copy of the G.O.(Rt)No. 5827/2005/G.Edn. dt.16.12.2005 Ext.P9: True copy of the G.O.(Ms)No.157/89/G.Edn. dt.22.8.1989 Ext.P10: True copy of the G.O.(Rt)No. 4269/2000/G.Edn. dt.21.10.2000 Ext.P11: True copy of the G.O.(Rt)No. 5081/2000/G.Edn. dt.12.12.2000 Ext.P12: True copy of the G.O.(Rt)No.1896/2000/G.Edn. dt.30.12.2000 /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 5404 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December, 2009 J U D G M E N T The petitioner is working as a Part time Drawing Teacher in K.K.V.U.P School, Vettampally, Panavoor P.O., Nedumangad. She is seeking conversion of the post to Full time which was rejected by Ext.P8. 2. The petitioner was appointed on 1.12.1983 in the school run by the 4th respondent as a Part Time Drawing Teacher. The case of the petitioner is that she has been working for 12 periods a week as Drawing Teacher since 1997. She has been taking classes in Social Studies for 3 periods in a week. Thus the case of the petitioner is that she has been taking classes for 15 periods in the school. Ext.P1 is produced in support of the said claim. 3. Even though the petitioner had been representing the matter no such benefit was extended. Later she filed O.P.No.14793/1998 which was disposed of by Ext.P3 judgment. The application was rejected by Ext.P4 which was under challenge in O.P No.6328/1999, whereby this court directed to WPC No. 5404 of 2006 2 pass fresh orders as per Ext.P7 Judgment. Relying upon the Government Order G.O.(Ms)No.154/89/G.Edn.dated 22.8.1989 again the claim was rejected. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. It is submitted by the learned counsel for the petitioner that the Government has wrongly relied on Ext.P9 to reject the claim of the petitioner. Ext.P9 is the order passed by the Government regarding the appointment of specialised teachers in L.P and U.P against the vacancy existed prior to 1969-70. 5. Along with I.A. No. 15324 of 2009 petitioner has produced Exst.P10 to P12 orders of the Government whereby similar requests made by the specialised teachers have been granted. Ext.P10 is the order of the Government allowing the conversion of the appointment as Full time in Kuruva U.P.School in Kannur District, the teacher thereupon was appointed in a retirement vacancy w.e.f.16.7.1987. Ext.P11 is the order passed by the Government allowing the conversion of part time teacher as full time in Sout Pattiam U.P. School, Kannur District, the teacher therein was appointed in a retirement vacancy of a Full time Craft Teacher w.e.f. 10.1.1983. Ext.P12 is the order passed by the Government allowing conversion of the Part time teacher post to Full time Craft teacher in Chattol S.K.V.U.P School, Kannur. Therein the teacher was appointed as WPC No. 5404 of 2006 3 Part time teacher as on 2.6.1980. 6. It is therefore, contended by the learned counsel for the petitioner that when the Government had considered the grant of Full Time benefit to similarly placed teachers, the rejection of the claim of the petitioner is illegal. Therefore, it is prayed that the Government may be directed to re-consider the matter in the light of Exts. P10 to P12. Government has only considered Ext.P9 while refusing the claim of the petitioner. Exts.P10 to P12 shows that the Government has been granting benefit to the similarly places teachers. Therefore the matter requires re-consideration in the hands of the Government again. Ext.P8 is quashed. There will be a direction to the Government to consider the claim of the petitioner afresh after considering Exts. P10 to P12. Petitioner shall produce copies of those orders along with a representation within one month. On receipt of the same, fresh orders will be passed within a further period of three months, after hearing the petitioner. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE //True copy// P.A. to Judge jma