IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18845 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. THE MANAGER, P.K.M.M.HIGHER SECONDARY SCHOOL, EDARIKKOD P.O., MALAPPURAM DISTRICT. 2. SAIDALIKUTTY.P.K., HIGHER SECONDARY SCHOOL TEACHER, P.K.M.M.HIGHER SECONDARY SCHOOL, EDARIKKOD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. PIN-696 121 2. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE, PIN-673 592 GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18845 OF 2010 -------------------------------------------- Dated this the 17th day of June, 2010 JUDGMENT The first petitioner is the Manager of P.K.M.M. Higher Secondary School, Edarikkod in Malappuram District. The first petitioner appointed the second petitioner as Higher Secondary School Teacher (Junior) in Arabic with effect from 1.9.2000. The post of H.S.S.T (Junior) was upgraded as H.S.S.T (Senior) with effect from 15.7.2001 and Ext.P1 would reveal that the 2nd petitioner who holds the said post could continue as such till the post exists. The grievance for which the petitioners seek redressal in this Writ Petition pertains to the conversion of the full time post of H.S.S.T Arabic as part-time. The contention is that appointments of H.S.S.Ts made prior to the coming into force of the Special Rules were to be treated as full time for all purposes and, therefore, even in the event of a fall of division, the said post is protected. However, without looking into the aforesaid aspects of the issue, the second respondent passed Ext.P3 order dated 26.10.2009. Feeling aggrieved by Ext.P3, the first petitioner has filed Ext.P4 appeal dated 2.11.2009 before the first respondent. The said appeal is still pending before the first respondent. During the W.P.(C) NO.18845/2010 2 pendency of Ext.P4 appeal, now, the second respondent has issued Ext.P5 order dated 23.4.2010. It carries a direction to the Principal of the said school to refund the alleged excess amount paid to the second petitioner. The contention of the petitioners is that taking into account the pendency of Ext.P4 appeal challenging Ext.P3 order passed by the second respondent, the second respondent should not have issued Ext.P5. Since Ext.P4 appeal dated 2.11.2009 preferred against Ext.P3 order is pending before the first respondent, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P4 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioners. Ext.P5 shall not be implemented till such a decision is taken on Ext.P4 appeal. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18845/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. 18845 /2010 JUDGMENT 17th June, 2010 W.P.(C) NO.18845/2010 4