IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 17521 of 2009(I) ------------------------------------- PETITIONER: ------------------- K.C.SIVAKUMAR, SANSKRIT TEACHER, A.U.P.SCHOOL, MOOLAMCODE, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM. RESPONDENTS: ------------------------ 1. THE MANAGER, A.U.P.SCHOOL, MOOLAMCODE, PALAKKAD DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R2 TO R5 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17521/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 05/06/2006 ISSUED BY MANAGER TO THE PETITIONER. EXT.P.2: COPY OF THE STAFF FIXATION ORDER FOR THE SCHOOL FOR THE ACADEMIC YEAR 2006-2007. EXT.P.3: COPY OF THE JUDGMENT DTD. 11/12/07 IN W.P.(C).36527/07 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE ORDER ISSUED BY THE R.5. DTD. 07/03/2008. EXT.P.5: COPY OF THE ORDER DTD. 06/11/2007 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.P.6: COPY OF THE REQUEST DTD. 18/10/2007 MADE BY THE MANAGER TO THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.P.7: COPY OF THE GOVERNMENT CIRCULAR DTD. 02/05/06. EXT.P.8: COPY OF THE JUDGMENT DTD. 18/09/2007 IN W.P.(C).NO.30570/05. EXT.P.9: COPY OF THE INTIMATION DTD. 01/01/2009ISSUED TO THE PETITIONER BY THE UNDER SECRETARY TO GOVERNMENT. EXT.P.10: COPY OF THE GOVERNMENT ORDER G.O.(RT).1843/2009/G. EDN. DTD. 13/05/2009. EXT.P.11: COPY OF THE GOVERNMENT ORDER, G.O.(RT).3651/08/G. EDN. DTD. 07/08/2008. EXT.P.12: COPY OF THE GOVERNMENT ORDER, G.O.(RT).2390/08/G. EDN. DTD. 27/05/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. --------------------------- W.P.(C) No. 17521 OF 2009 -------------------------- Dated this the 28th day of January, 2010 J U D G M E N T The petitioner was appointed as Full-time Sanskrit Teacher in an aided school. The same was refused to be approved by the educational authorities stating that there was no Full-time post of Sanskrit Teacher in the school. Consequently the petitioner's appointment was approved only as a Part-time post. By G.O.(Ms) No.43/78/G.Edn dated 13.4.78 for the purpose of approving the post of Sanskrit Teacher as a Full-time post periods of group C subjects could be diverted as Sanskrit periods. However the petitioner has not been given the benefits of that Government order is the contention raised in this writ petition. The petitioner seeks the following reliefs: “(i) To issue a writ of certiorari or any other writ, order or direction to quash Exts.P5 and P10 orders issued by the respondents. (ii) To issue a writ of mandamus or any other writ, order or direction directing the Controlling Officer to grant full time status to the petitioner from the Academic year 2006-2007 onwards by allowing Group-C diversion.” 2. The contention of the petitioner is that the issue involved W.P.(C) No. 17521/09 2 in this writ petition is squarely covered by the decision of a Division Bench of this Court in Writ Appeal No.333 of 2008. 3. I have heard the learned Government Pleader also. 4. The learned Government Pleader submits that in the judgment in Writ Appeal No.333 of 2008 itself, this Court has held that that benefit is available only if there is no other Full-time Sanskrit Teacher working in the school. But in the counter affidavit filed on behalf of the fourth respondent, I do not find any such objection taken. In the above circumstances, I am satisfied that the petitioner is entitled to the same benefit as granted by this Court in Writ Appeal No.333 of 2008. Accordingly Exts.P5 and P10 are quashed. The fourth respondent is directed to reconsider the claim of the petitioner in the light of the judgment in Writ Appeal No.333 of 2008 as expeditiously as possible, at any rate, within three months form the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE vps W.P.(C) No. 17521/09 3