IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 36783 of 2010(W) PETITIONER: --------------- A.J.SOOSANNA, W/O.KURIAN THOMAS, AGED 35 YEARS, PART-TIME SANSKRIT TEACHER, UNITY A.U.P.SCHOOL, THENKARA, MANNARKKAD SUB DISTRICT, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM-695014. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT-678014. 4. THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD, PALAKKAD DISTRICT-678582. 5. THE MANAGER, UNITY A.U.P.SCHOOL, THENKARA, MANNARKKAD SUB DISTRICT, PALAKKAD DISTRICT-678761. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 36783 OF 2010 W ------------------------------------------------------ Dated this the 9th day of December, 2010 JUDGMENT The petitioner was appointed as Full Time Sanskrit Teacher in Unity A.U.P.School, Thenkara, Palakkad District, with effect from 2.6.2008, in the retirement vacancy of Padmakumari, Full Time Sanskrit Teacher, who retired on 31.3.2008. The Assistant Educational Officer, as per Ext.P1 order dated 30.11.2009, approved the appointment of the petitioner only as Part Time Sanskrit Teacher. It is stated that as per the staff fixation order for 2008-09, only a part time post of Sanskrit Teacher was sanctioned. The Manager filed appeal against the staff fixation order and that appeal is pending. While so, challenging Ext.P1 order passed by the Assistant Educational Officer, the Manager filed appeal before the District Educational Officer. The District Educational Officer dismissed the appeal as per Ext.P3 order dated 29.6.2010. Challenging Ext.P3 order, the petitioner filed Ext.P4 Revision dated 10.8.2010 before the first respondent. Ext.P4 Revision is pending disposal. W.P.(C) NO.36783 OF 2010 :: 2 :: 2. The contention of the petitioner is that the full time post of Sanskrit Teacher was created by group 'C' diversion and as per the existing Government Orders, once a full time post is created by group 'C' diversion, it cannot be converted into part time post. 3. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that, for the time being, it would be sufficient if Ext.P4 Revision is directed to be disposed of. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P4 Revision dated 10.8.2010, 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 Manager. W.P.(C) NO.36783 OF 2010 :: 3 :: b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to the fifth respondent Manager by registered post and she shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/