IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18908 of 2009(G) -------------------------- PETITIONER(S): --------------- K.B.SREEDEVI, FULL TIME SANSKRIT TEACHER, A.U.P.SCHOOL, NALLALAM, KOZHIKODE-27 BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE ASSISTANT EDUCATION OFFICER, FEROKE, KOZHIKODE. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18908/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioner herein was appointed as Full Time Sanskrit Teacher by the Manager in A.U.P.School, Nallalam. The appointment was in a retirement vacancy, which was approved as per Ext.P1. By a later order dated 06/12/2008, issued by the Assistant Educational Officer, the post was converted to a Part Time one. This is evidenced by Ext.P2 order. 2. The petitioner submits that the benefit of Government Orders, namely, Exts.P3 and P4 allows diversion of periods from Group 'C' subjects. The Manager filed appeal against the same before the Director of Public Instructions as per Ext.P5. But the same has been rejected by Ext.P7. This is under challenge at the hands of the petitioner by Ext.P8 revision petition before the Government. 3. The learned counsel for the petitioner submits that order passed by the Director of Public Instruction cannot be sustained in the light of the fact that even after referring to the Government Circular dated 18/04/2002, in the operative portion it is found that the petitioner is not entitled for the benefits. Be that as it may, it is upto the revisional authority to take a W.P.(C). No.18908/2009 -:2:- decision on Ext.P8. There will be a direction to the Government to take a decision on Ext.P8 in accordance with law after hearing the petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. Till orders are passed as above, the operation and implementation of Ext.P2 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms