IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20188 of 2009(P) -------------------------------- PETITIONER: -------------- P.V.SREEJA,W/O.SUDHEER KUMAR, AGED 30 YEARS, JUNIOR HINDI TEACHER, KAYARALAM A.U.P.SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX,TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR-2. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O.KANNUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, MAYYIL, P.O.MAYYIL, KANNUR DISTRICT. 5. THE MANAGER, KAYARALAM A.U.P.SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20188 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The petitioner herein is working as Junior Hindi Teacher as per the order of appointment issued by the 5th respondent- Manager. The appointment was as a full time Hindi Teacher against the retirement vacancy of Smt.K.V.Kamalakshi. The appointment was originally approved as per Exhibit P1 as full time Teacher itself. 2. In the year 1985, by resorting to diversion of Group 'C' subjects, 15 periods were available for imparting Hindi. This procedure was followed in the subsequent years. The petitioner was appointed when the former full time Teacher who was getting the said benefit retired from service. 3. By Exhibit P3, the Assistant Educational Officer informed the Headmaster about the cancellation of the full time post and its conversion as a part time one by the District Educational Officer and ordered that the excess amount drawn may be got refunded. The petitioner has already effected the refund as per Exhibit P4 chalan. W.P.(C) No.20188/2009 2 4. Presently, Exhibit P6 revision petition is pending before the Government requesting to release the recovered amount of Rs.17,332/- since she had offered service as full time Hindi Teacher imparting 16 periods of Hindi at the relevant point of time. In the meanwhile, the petitioner had availed of Leave Without Allowance with effect from 03.07.2002 to 02.07.2007 and rejoined duty on 07.07.2007. But, the 4th respondent sanctioned only part time post without applying Group 'C' diversion. After the intervention of the Government, the full time post was restored in the year 2007-08 applying Group 'C' diversion as per the Government Order dated 09.01.2009. It is therefore, pointed out that the approval against the retirement post with effect from 06.06.2001 in respect of the petitioner was perfectly in order and the salary paid to her with effect from 06.06.2001 to 01.07.2002 was also in order. It is in this circumstance, the petitioner has filed Exhibit P6 revision petition before the Government. There will be a direction to the Government to take a decision on Exhibit P6, after hearing the petitioner and the W.P.(C) No.20188/2009 3 Manager, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp