IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27076 of 2008(W) PETITIONER: K.M.SYAMALAVALLY, W/O/T.V.SAGEER, AGED 45 YEARS, JUNIOR SANSKRIT TEACHER, A.U.P.SCHOOL, KANNARA, THRISSUR – 680 652. BY ADV. SRI.V.A.MUHAMMED RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM – 14. 3. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST, PALACE ROAD, THRISSUR – 20. 4. THE MANAGER, A.U.P.SCHOOL, KANNARA, THRISSUR – 680 652. 5. THE HEADMASTER, A.U.P.SCHOO, KANNARA, THRISSUR – 680 652. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 27076 OF 2008 W -------------------------------------------- Dated this the 5th September, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to respondents 4 and 5. Government Pleader takes notice for respondents 1 to 3. 2. The petitioner was appointed as Junior Sanskrit Teacher, part time from 6.11.2000 to 30.3.2001 and from 6.6.2001 to 6.7.2001 in A.U.P.School, Kannara in Thrissur District. It is stated that the petitioner has got continuous service from 2.6.2003. It is stated that as per the staff fixation order of 2007-08, sanction of full time post of Junior Sanskrit Teacher was warranted. The petitioner also claims that she having completed five years of part time service as on 5.12.2007, she is entitled to get the full time benefits. Ext.P6 representation was submitted by the petitioner before the Government for sanctioning the post of Junior Sanskrit Teacher with full time benefits, with effect from 5.12.2007 onwards. Pending Ext.P6, Ext.P7 staff fixation order for 2008-09 was issued, as per which, the part time post of Sanskrit Teacher was abolished. Petitioner contends that abolition of the post is contrary to Ext.P8 Circular. Aggrieved by Ext.P7 staff fixation order, the petitioner filed Ext.P9 Revision before the Director of Public Instruction. The W.P.(C) NO. 27076 OF 2008 W :: 2 :: petitioner has also filed Ext.P10 representation before the Manager to allow the petitioner to continue in service. Exts.P9 and P10 are pending disposal. 3. The reliefs prayed for by the petitioner are the following: “a) call for the records relating to Exhibit P7 and quash the original of the same to the extent it orders abolishion of the post held by the Petitioner i.e. Junior Language Teacher, Sanskrit, part-time by the issue of a writ of certiorari or other appropriate writ or order. b) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to revise Exhibit P7 in tune with Exhibit P8 and grant the post held by the Petitioner. c) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant the Petitioner full-time benefits as contemplated in Exhibit P-5. d) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P6 after affording an opportunity of being heard to the Petitioner within a time limit. e) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to effectively consider and pass appropriate orders upon Exhibit P9 after affording an opportunity of being heard to the Petitioner within a time limit allowing the Petitioner to continue in service in the while. f) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C) NO. 27076 OF 2008 W :: 3 :: 4. Learned counsel for the petitioner submits that, for the time being, the petitioner would press only relief (e). In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction (second respondent) is directed to consider and dispose of Ext.P9 Revision, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, the Headmaster, the Manager and any other person who is likely to be affected. b) The petitioner shall send a copy of the judgment to respondents 4 and 5 separately by registered post and shall produce proof of the same before the second respondent. c) It is made clear that the direction to dispose of Ext.P9 Revision would not preclude the petitioner from moving for appropriate interim order before the Director of Public Instruction. d) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the second respondent. (K.T.SANKARAN) Judge ahz/