IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WA.No. 1397 of 2010(B) ---------------------- AGAINST THE ORDER IN I.A.NO.11005/2010 IN WPC.12212/2010 .................... APPELLANT(S): -------------- V.PRABHAKARAN, HIGH SCHOOL ASSISTANT (URDU), M.N.KRISHNAN MEMORIAL HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE MANAGER, M.N.KRISHNAN MEMORIAL HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. 2. THE HEADMASTER, M.N.KRISHNAN MEMORIAL HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.A.No.1397 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2010 JUDGMENT Basheer, J. Learned counsel for the appellant submits that there is a distinct possibility of the appellant being allowed to come back to his parent school during this academic year since he has been reliably informed that there would be sufficient student strength for Urdu in the High School section. 2. However, learned senior Government Pleader takes strong exception to the above submission made by learned counsel for the appellant. She submits that the information forwarded to her is otherwise. Any how, she places on record the instructions received by her that final orders on the Staff Fixation for the current academic year in the school will be passed within an outer limit of one month. The above submission is recorded. 3. Learned counsel for the appellant further submits that appellant has already joined in Govt. U.P. School, Cheruplassery as a part time Urdu teacher on deployment pursuant to Ext.P2 order. WA.No.1397/2010 2 Further, he has duty in the said school on three days in a week. He is prepared to teach the students in his parent school on the remaining two days, if he is permitted to do so without making any claim whatsoever for his services. 4. Yet again, learned senior Government Pleader takes exception to the above submission. She submits that such an arrangement cannot be permitted. According to the appellant, Ext.P8 does envisage such a situation. Any how, we do not propose to deal with that issue at this stage. 5. Learned counsel submits that the appellant may be permitted to approach the competent authority namely, the Deputy Director of Education, Palakkad. We make it clear that it will be open to the appellant to do so, if law permits. If such a request is received by the Deputy Director within one week from today, the same shall be considered in accordance with law. Appropriate orders thereon may be passed by the officer concerned after affording sufficient opportunity to the appellant to be heard . In view of these facts and circumstances, no further orders are WA.No.1397/2010 3 necessary in this appeal. In any view of the matter, we do not find any reason to interfere with the order impugned in this appeal. The writ appeal is closed with the above observation/direction. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. WA.No.1397/2010 4