IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34839 of 2009(Y) -------------------------- PETITIONER(S): --------------- SREEKALA P.D., SANSKRIT TEACHER, MANNATHKAVU UP SCHOOL, PATHIYARAKKARA, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA. 4. THE MANAGER, MANNATHKAVU UP SCHOOL, PATHIYARAKKARA P.O., KOZHIKODE DISTRICT. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.34839 of 2009 -------------------------- Dated this the 10th December,2009 J U D G M E N T Petitioner is working as Sanskrit Teacher in Mannathkavau U.P School, Vadakara in Kozhikode District. Based on her appointment in the retirement vacancy of Smt.C.Janaki with effect from 2.6.2004 onwards, the said appointment was approved as per Ext.P1. 2. The post was allowed full-time by conversion of Group C subjects for the last several years. But the full- time post was abolished from 31.3.2008. It is pointed out that there is no Physical Education Teacher in the school. 3. In the staff fixation order for the year 2008-09, 3rd respondent converted the full time post of Sanskrit as part-time. The Manager filed an appeal against the same which was rejected as per Ext.P3. Ext.P6 revision is now pending in the matter. In the present staff fixation order 2009-2010, the 3rd respondent granted the benefit of full- time to Sanskrit post. Therefore the petitioner is concerned with the staff fixation order for the year 2008- W.P ( C) No.34839 of 2009 2 09 alone. Petitioner is relying upon Ext.P4, order passed by the Government. It is specified in paragraph 4 therein that the posts created by virtue of Group 'C' diversion cannot be treated as protected and that such full time posts cannot be converted into part-time posts. Ext.P5 is the order passed by the Additional Director of Public Instruction in a similar matter relying upon this Ext.P4 Government Order. Whatever that be, it is up to the Revisional Authority to consider and pass orders on Ext.P6. 4. Learned Government Pleader, on instructions, submitted that Ext.P6 could not be traced out by the 1st respondent’s office so far. 5. Learned counsel for the petitioner submitted that the same was sent by registered post on 1.4.2009. Therefore, if Ext.P6 is refiled within a period of three weeks from today before the 1st respondent, the same will be treated as filed in time and appropriate orders shall be passed, after hearing the petitioner and Manager within a further period of two months from the date of receipt of a copy of this judgment. W.P ( C) No.34839 of 2009 3 Petitioner will produce a copy of this judgment along with copy of the writ petition before the 1st respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.34839 of 2009 4 W.P ( C) No.34839 of 2009 5