IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 3398 of 2009(D) ------------------------- PETITIONER: --------------- RAFEEK.T.M, AGED 29 YEARS, S/O. AMMED, URDU TEACHER (FULL TIME) ANDALUR SENIOR BASIC SCHOOL P.O.PALAYAD 670 661, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER TELLICHERRY SOUTH, P.O.,TELLICHERRY, KANNUR DISTRICT. 4. THE MANAGER ANDALUR SENIOR BASIC SCHOOL, P.O.PALAYAD 670 661, KANNUR DISTRICT. BY GOVT. PLEADER SHRI.A.J.VARGESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.3398 of 2009-D --------------------------------------------- Dated this the 2nd February, 2009. J U D G M E N T The petitioner was appointed as Urdu Teacher in Andalur Senior Basic School, Palayad in Kannur District, with effect from 2.6.2008, against a retirement vacancy. The Assistant Educational Officer did not grant approval on the ground that the Urdu Teacher's post was reduced due to the retirement of one Smt.P.Indira, who retired on 31.3.2008. Exhibit P2 is the staff fixation order for 2008-09. It is stated that more than 30 students in Standards V, VI and VII have been learning Urdu in 2008-09 and the petitioner was offering his service as Full-time Urdu Teacher since 2.6.2008. Challenging the staff fixation, order the Manager as well as the petitioner preferred Exhibits P3 and P4 revision petitions before the Government. Those revision petitions are pending. 2. The reliefs prayed for by the petitioner are the following: i) call for the records relating to Exhibit P2 and quash the original of the same to the extent it reduces Full-time post of Urdu Teacher by the issue of a writ of certiorari or other appropriate writ or order. ii) issue a writ of mandamus or other appropriate writ order or direction commanding 3rd respondent to approve the appointment of the petitioner as full-time teacher as shown in Exhibit P1 and disburse all attendant benefits. iii) declare that the reduction of the post of Urdu Teacher vide Exhibit P2 is illegal. W.P(C) No.3398 of 2009-D 2 iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibits P3 and P4 after affording an opportunity of being heard to the petitioner within a time limit. v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The Learned counsel for the petitioner submits that for the present, the petitioner confines his relief to relief No.(iv). The learned Government Pleader submitted that the first respondent would dispose of Exhibits P3 and P4 without delay. 4. For the aforesaid reasons, the Writ Petition is disposed of as follows: i) The first respondent shall consider and dispose of Exhibits P3 and P4 revision petitions, 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 certified copy of the judgment and a copy of the Writ Petition before the first respondent. iii) The petitioner shall also sent a copy of the Writ Petition and copy of the judgment to the 4th respondent by registered post and shall produce proof of the same before the first respondent. K.T.SANKARAN ab JUDGE W.P(C) No.3398 of 2009-D 3 ab W.P(C) No.3398 of 2009-D 4 W.P(C) No.3398 of 2009-D 5 W.P(C) No.3398 of 2009-D 6