IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 36934 of 2010(N) -------------------------- PETITIONER(S): --------------- HARIKUMAR.E.A., S/O.RAMACHANDRAN, AGED 31 YEARS, FULL-TIME SANSKRIT TEACHER, A.U.P.SCHOOL, KARIVEDAKAM, P.O.KARIVEDAKAM, KASARAGOD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, POST VIDHYANAGAR, KASARAGOD-671 123. 4. THE ASSISTANT EDUCATIONAL OFFICER, P.O.KASARAGOD, KASARAGOD-673 121. 5. THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THALASSERY, .P.O. TELLICHERRY-670 101, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36934 of 2010 N --------------------------------------------- Dated this the 10th day of December, 2010 JUDGMENT The case of the petitioner is the following : The petitioner was appointed as Full Time Sanskrit Teacher in AUP School, Karivedakam, Kasaragod District, of which the fifth respondent is the Corporate Manager. The petitioner was appointed on 11.6.2008 against a retirement vacancy. The Assistant Educational Officer as per Exhibit P2 order dated 4.9.2008 rejected the proposal for approval of the appointment of the petitioner on the ground that there was no full time post of Junior Language Sanskrit Teacher. The Manager approached the Deputy Director of Education, Kasaragod in appeal against Exhibit P2 order. He also applied for condonation of delay in submitting the proposal for approval of the appointment of the petitioner as Part Time Sanskrit Teacher. The Deputy Director of Education passed Exhibit P3 order dated 24.2.2009 condoning the delay in making the proposal. Accordingly, the Assistant Educational Officer passed Exhibit P5 order dated 27.10.2009 approving the appointment WPC No.36934/2010 2 of the petitioner as Part Time Sanskrit Teacher against the retirement vacancy with effect from 1.6.2009. The Manager filed Exhibit P4 appeal before the Director of Public Instruction under Rule 12D of Chapter XXIII of KER against the Staff Fixation Order of 2009-2010, requesting to convert the Part Time LG Sanskrit Teacher post to full time post by diverting three periods from Music or Drawing. Exhibit P4 is pending. The petitioner submitted Exhibit P7 revision dated 28.10.2010 before the Government under Rule 92 of Chapter XIV A KER praying to restore the full time post of Sanskrit Teacher. The case of the petitioner is that the full time post of Sanskrit Teacher was created in the school by way of Group 'C' diversion as per the Staff Fixation Order of 1986 evidenced by Exhibit P2(a). 2. The reliefs prayed for in the Writ Petition are the following : “(i) declare that the fifth respondent school is entitled to have continuous sanction for full time post of Sanskrit Teacher. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the WPC No.36934/2010 3 respondents to grant approval to the petitioner as full time Sanskrit Teacher. (iii) call for the records relating to Exhibit P2 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (iv) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to effectively consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the petitioner within a time limit. (v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstance of the case.” 3. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if a direction is issued to the first respondent to consider and dispose of Exhibit P7 revision expeditiously. 4. In the facts and circumstance of the case, the Writ Petition is WPC No.36934/2010 4 disposed of as follows : The first respondent shall consider and dispose of Exhibit P7 revision dated 28.10.2010, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the fifth respondent Manager. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the fifth respondent Manager by registered post and the petitioner shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl