IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10151 of 2009(L) ------------------------------------------- PETITIONER(S): ----------------------- 1. ANU MOHANAN, AGED 25 YEARS, S/O. MOHANAN, FULL TIME SANSKRIT TEACHER, POOMANGALAM U.P SCHOOL, P.O. PANNIYOOR, KANNUR DISTRICT. 2. RASHEED.N.P, AGED 29 YEARS, S/O. IBRAHIM, FULL TIME URDU TEACHER, POOMANGALAM U.P SCHOOL, P.O. PANNIYOOR, KANNUR DISTRICT. BY ADV. MR.V.A.MUHAMMED MR.T.V.VIJAYARAJAN 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 ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O. TALIPARAMBA, KANNUR DISTRICT. 4. THE MANAGER, POOMANGALAM U.P SCHOOL, P.O. PANNIYOOR, KANNUR DISTRICT. BY SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.10151 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioners and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioners are teachers appointed by the fourth respondent Manager. The first petitioner was appointed as Sanskrit Teacher by Ext.P1 order dated 2.6.2008. During the academic years 2006-2007 and 2007-2008, the educational officer had sanctioned a full-time post of Sanskrit Teacher. However, when the staff fixation order for the year 2008-2009 was issued the post was converted into a part-time post. The second petitioner was appointed as Urdu Teacher by Ext.P6 order dated 11.6.2007. That appointment was approved only as a part-time teacher. Aggrieved by that, the Manager moved the Director of Public Instruction in revision. By Ext.P7 order dated 1.4.2008, the Director of Public Instruction dismissed the appeal. The first petitioner has aggrieved thereby filed Ext.P12 revision petition before the Government and the WP(C) 10151/09 -: 2 :- second petitioner has filed Ext.P13 revision petition before the Government. In the said revision petitions, the petitioners rely on Ext.P8 Government order dated 13.11.2000, Ext.P10 Government order dated 6.2.2009 and Ext.P11 order dated 20.1.2009 passed by the Director of Public Instruction. In this Writ Petition, the petitioners inter alia pray for a direction to the Government to consider Exts.P12 and P13 revision petitions and pass orders thereon within a time limit to be fixed by this Court. 3. The question whether the request made by the petitioners in Exts.P12 and P13 can be granted having regard to Exts.P8, P10 and P11 is essentially a matter for the Government to decide. The petitioners are aggrieved by the staff fixation orders whereby the posts occupied by them were converted into part-time posts. Though the petitioners have styled Exs.P12 and P13 as revision petitions filed under Rule 92 of Chapter XIV A of the Kerala Education Rules, Rule 12 F of Chapter XXIII of the KER, empowers the Government to revise the orders relating to staff fixation. 4. In these circumstances, I dispose of this Writ Petition with a direction to the Government to consider the request made by the petitioners in Exts.P12 and 13 and pass orders thereon after affording the petitioners and the fourth respondent Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of this WP(C) 10151/09 -: 3 :- judgment. The petitioners shall in order to enable the Government to decide the matter, produce a copy of the Writ Petition along with a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.Ravindran, Judge. ess