IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 35230 of 2010(C) PETITIONER: --------------- SARITHA.P.M., W/O.SUDHEER, AGED 29 YEARS, FULL-TIME SANSKRIT TEACHER, VALIYANNOOR NORTH U.P.SCHOOL, P.O.VARAM, KANNUR 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, SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O.KANNUR-670 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, P.O.KANNUR-670 001. 5. THE MANAGER, VALIYANNOOR NORTH U.P.SCHOOL, P.O.VARAM, KANNUR DISTRICT-670 594. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 35230 OF 2010 C ------------------------------------------------------ Dated this the 3rd day of December, 2010 JUDGMENT The petitioner was appointed as Full Time Sanskrit Teacher in Valiyannur North U.P.School with effect from 1.6.2009 against a retirement vacancy. The Assistant Educational Officer declined approval of appointment of the petitioner. Aggrieved by the same, the Manager filed appeal before the District Educational Officer. The District Educational Officer disposed of the appeal, as per Ext.P2 order dated 21.5.2010. The District Educational Officer held that for the academic year 2009-10, only a part time post of Sanskrit Teacher was sanctioned, but the Manager had appointed the petitioner as a Full Time Sanskrit Teacher. The contention of the petitioner is that the full time post was created by group 'C' diversion, as per Exts.P3 and P4 staff fixation orders, and that post cannot be converted into a part time post in view of Ext.P5 Government Order. The petitioner submitted Ext.P6 Revision dated 18.10.2010 before the Director of Public Instruction under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules. The petitioner also submitted Ext.P7 Revision under Rule 92 of Chapter XIV-A of the Kerala Education Rules before the Government. W.P.(C) NO.35230 OF 2010 :: 2 :: 2. Learned counsel for the petitioner submitted that, for the time being, it is sufficient if Ext.P6 Revision is directed to be disposed of by the Director of Public Instruction. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to consider and dispose of Ext.P6 Revision filed by the petitioner, as expeditiously as possible and, at any rate, within two 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. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. 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 Director of Public Instruction. (K.T.SANKARAN) Judge ahz/