IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15671 of 2010(H) -------------------------- PETITIONER(S): --------------- P.C.RADHAKRISHNAN, S/O. KRISHNA NAMBIAR AGED 49 YEARS FULL-TIME SANSKRIT TEACHER,' PAMBURUTHI MOPILA A.U.P.SCHOOL P.O.NARATH, KANNUR 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O. KANNUR-2. 4. THE ASSISTANT EDCUATION OFFICER, TALIPARAMBA SOUTH, P.O.MAYYIL, KANNUR DISTRICT. 5. THE MANAGER, PAMBURUTHI MOPILA A.U.P.SCHOOL, P.O.NARATH, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 15671 of 2010 H ``````````````````````````````````````````````````````` Dated this the 21st day of May, 2010 J U D G M E N T The petitioner is a full time Sanskrit teacher in Pamburuthi Mopila A.U.P. School, Narath. Earlier, pursuant to the staff fixation order for the year 2008-09, the full time post of Sanskrit teacher sanctioned to the school was reduced to a part time post. However, the petitioner was ordered to be permitted to continue in the same school in the light of G.O.(P) No.403/2002/G.Edn. dated 04-12-2002. Later, as per Ext.P3 the 4th respondent directed the 5th respondent Manager to relieve the petitioner from the School so as to join as L.G. Sanskrit in Jubilee Memorial U.P.School, Pathepara. Though the 4th respondent brought to the notice of the 3rd respondent that same school retention was given to the petitioner in terms of Ext.P4 Government Order dated 14-08-2003, the 3rd respondent has issued Ext.P6 order. As per Ext.P6 order, the 3rd respondent has ordered to deploy the petitioner and similarly situated persons. Feeling aggrieved by Ext.P6 order, the petitioner has preferred WPC.15671/2010 : 2 : Ext.P7. The contention of the petitioner is that despite the conversion of the full time post to a part time post on account of fall in students strength by virtue of Government Order dated 04- 12-2002 and Ext.P4 Government Order dated 14-08-2003 the petitioner is entitled to continue in the parent school itself. As per the said Government Orders, persons who were granted selection grade on completion of the requisite years of service are entitled to be continued in the parent school itself, even in the case of reduction of the full time post to a part time post. In fact, the petitioner has raised all such contentions in Ext.P7. Considering the fact that Ext.P7 is pending before the 2nd respondent, I am inclined to dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P7, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Ordered accordingly. However, considering the fact that earlier as per Ext.P1 the 4th respondent permitted the continuance of the petitioner in the parent school in the light of the Government Order dated 04-12-2002, the petitioner shall be permitted to continue in the parent school till a decision WPC.15671/2010 : 3 : is taken on Ext.P7. Needless to say that the petitioner as also the 5th respondent shall be afforded with an opportunity of being heard before passing orders on Ext.P7. (C.T.RAVIKUMAR, JUDGE) aks