IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 17460 of 2006(C) -------------------------------- PETITIONER: -------------- T. RAGHAVAN, DRAWING TEACHER (PART TIME), RAMAJAYAM U.P. SCHOOL, P.O. AZHEEKODE, KANNUR DISTRICT. BY MR.P.M.PAREETH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI. BY MS. T.B. REMANI, GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17460/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 29.7.85 ISSUED BY MANAGER, RAMAJAYAM UP SCHOOL, AZEEKODE. EXT. P2 : COPY OF REPRESENTATION DTD.22.4.05 SUBMITTED BY PETITIONER BEFORE MINISTER FOR EDUCATION. EXT. P3 : COPY OF LETTER DTD. 30.1.06 ISSUED BY R1 REJECTING THE REQUEST OF PETITIONER. EXT. P4 : COPY OF ORDER No.G.O.(MS) No.113/2000/G.EDN DTD. 6.4.00. EXT. P5 : COPY OF G.O.(Rt) No.5081/2000/G.EDN DTD. 12.12.00. EXT. P6 : COPY OF G.O.(MS) No.108/2001/G.EDN DTD. 23.3.01. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF G.O.(P) No.169/04/G.EDN DTD. 15.6.04. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17460 OF 2006 --------------------------------------- Dated this the 21st day of August, 2009. J U D G M E N T The petitioner is working as Drawing Teacher (Part time) in the Ramajayam U.P. School, Azheekode in Kannur District. He entered service as such on 29.07.1985. But, in spite of the completion of 24 years, he has not been given the benefit of conversion to a full time post. 2. Learned counsel for the petitioner submitted that the petitioner will not be able to get any pensionary benefits if he retires only as a part time Teacher. The order impugned is Exhibit P3 wherein the Government has taken the view that the post cannot be converted as a full time one in the light of the fact that there are only 286 students available in the school. 3. It is the case of the petitioner that the Government has granted relaxation in favour of different teachers going by W.P.(C) No.17460/06 2 Exhibits P4 to P6, and the petitioner's case also could be considered for relaxation. Specific reference was made to Exhibit P5. It is a case of conversion of part time post of Drawing Teacher into full time post in the South Pattiam U.P. School in Kannur District. The petitioner points out that the same is an identical case where the Government has granted the benefit. 4. In the counter affidavit filed by the 3rd respondent, the stand taken is that the orders produced by the petitioner cannot be made applicable in the sense that those cannot be treated as a precedent. Assuming so, the claim of the petitioner, by relying upon Exhibits P4 to P6, has not been considered in Exhibit P3. It is evident that the power to grant relaxation has been exercised in favour of others. The grievance raised by the petitioner that he may have to go out of service without even getting pension is a matter for the Government to consider. In that view of the matter, Exhibit P3 is set aside and the matter will be reconsidered by the Government. Since the petitioner is relying upon Exhibits P4 to P6, the matter will be W.P.(C) No.17460/06 3 considered by the Government in the light of the said orders and appropriate orders shall be passed 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