IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 18281 of 2011(I) ------------------------------- PETITIONER: -------------- SHEREENA K.K., URDU TEACHER, KALLAMALA UP SCHOOL, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673 101. 4. THE ASSISTANT EDUCTIONAL OFFICER, CHOMBALA, VATAKARA, KOZHIKODE DISTRICT, PIN 673308. 5. THE MANAGER, KALLAMALA UP SCHOOL, P.O.CHOMBALA, VATAKARA, KOZHIKODE-673308. BY SRI.VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18281/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER IN FORM 27 DTD. 16.9.03 AND THE ORDER OF APPROVAL. EXT.P1(a) : COPY OF APPOINTMENT ORDER IN FORM 27 DTD. 1.12.03 AND THE ORDER OF APPROVAL. EXT. P2 : COPY OF APPOINTMENT ORDER IN FORM 27 DTD. 2.6.04. EXT. P3 : COPY OF RELEVANT PAGES OF STAFF FIXATION ORDER DTD. 15.7.03 FOR THE YEAR 2003-04 OF KALLAMALA UP SCHOOL. EXT. P4 : COPY OF GO(MS) No.129/78/G.EDN DTD. 19.9.78. EXT. P5 : COPY OF GO(MS) 371/2000/G.EDN. DTD. 13.11.00. EXT. P6 : COPY OF ORDER OF DEPUTY DIRECTOR DTD. 13.11.00. EXT. P7 : COPY OF ORDER DTD. 30.7.05 OF R2. EXT. P8 : COPY OF RELEVANT PAGES OF COMMUNICATION OF R1 DTD. 19.5.06. EXT. P9 : COPY OF ORDER OF Deputy Director of Education DTD. 27.6.06. EXT. P10 : COPY OF ORDER OF R2 DTD. 19.12.06. EXT. P11 : COPY OF REVISION FILED BEFORE R1 DTD. 25.3.10. EXT. P12 : COPY OF COMMUNICATION OF R2 DTD. 22.6.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18281 OF 2011 --------------------------------------- Dated this the 6th day of July, 2011. J U D G M E N T The petitioner is working as Urdu Teacher in the U.P school managed by the 5th respondent. The grievance raised in this writ petition is regarding the denial of full time benefit by Group C diversion for the period from 02.06.2004 to 31.05.2009. 2. The petitioner was initially appointed as leave substitute Urdu Teacher for the period from 16.09.2003 to 20.11.2003 and from 01.12.2003 to 04.02.2004. The said appointments were approved on a full time basis itself as evident from Exts.P1 and P1 (a) order. Later the petitioner was appointed by Ext.P2 from 02.06.2004. But, the said appointment was approved only as part time. According to the petitioner, this is against the staff fixation order Ext.P3 and the Government Orders like Exts.P4 and P5 issued in this regard. 3. Aggrieved by the order of approval, the Manager has filed an appeal before the 3rd respondent Deputy Director of W.P.(C) No.18281/2011 2 Education and the same was rejected as per Ext.P6. A further appeal filed by the Manager was also rejected as per Ext.P7. A revision petition was filed before the Government but the Government directed the matter to be considered by the 3rd respondent as per Ext.P8 communication. Again the Deputy Director of Education passed Ext.P9 order which is now confirmed in Ext.P10 by the Director of Public Instruction. It is in these circumstances the Manager has filed a fresh revision petition as per Ext.P11 before the Government challenging various orders issued in the matter. 4. Ext.P12 is a communication from the Director of Public Instruction to the Assistant Educational Officer forwarding a copy of the revision petition for specific report. It is pointed out by the petitioner that in spite of the same and even though one year has elapsed after the date of issuance of Ext.P12, the revision petition has not been posted for hearing. Evidently, the matter will have to be considered by the Government since the statutory right of filing a revision petition has been exercised. Therefore, there will be a direction to the Government to W.P.(C) No.18281/2011 3 take a decision on Ext.P11 revision petition, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp