IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10712 of 2009(H) -------------------------- PETITIONER: --------------- K.G.GOPAKUMAR, S/O.GOPINATHAN NAIR, AGED 26 YEARS, JUNIOR SANSKRIT TEACHER (FULL-TIME) HIGH SCHOOL, THIRUVALAYANNOOR, KALLOOR-VADAKKEKKAD THRISSUR-679 562. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 4. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNOOR, KALLOOR-VADAKKEKKAD, THRISSUR-679 562. BY SENIOR GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 10712 of 2009-H ------------------------------ Dated this the 1st day of April, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The fourth respondent appointed the petitioner as Junior Sanskrit teacher by Ext.P1 order dated 2.6.2008. According to the petitioner, the post of Junior Sanskrit teacher sanctioned in the school was a full time post. He relies on Exts.P3 and P5 staff fixation orders relating to the academic years 1982-83 and 1984- 85 in support of the said contention. The petitioner further submits that the full time post of Sanskrit teacher was sanctioned by the aforesaid staff fixation orders by diverting the periods from Group 'C' subjects and that in view of Ext.P6 Government order dated 13.11.2000 the said post cannot be converted into a part time post. 3. The District Educational Officer declined to approve the petitioner's appointment as per Ext.P2 order dated 28.6.2008 W.P(C) No. 10712 of 2009-H 2 mainly on the ground that the incumbent in whose retirement vacancy the petitioner was appointed, was retained in the school against a protected post and therefore no post exits against which he can be appointed. Aggrieved by Ext.P2, the petitioner moved the Director of Public Instruction in revision by filing Ext.P7 revision petition. The petitioner thereafter filed W.P(C) No.30819 of 2008 in this Court. By Ext.P8 judgment delivered on 20.10.2008, this Court directed the Director of Public Instruction to consider Ext.P7 revision petition and pass orders thereon. As directed by this Court in Ext.P8 judgment, the Director of Public Instruction heard the petitioner on 13.1.2009. During the hearing, the petitioner submitted Ext.P9 argument note. By Ext.P10 order passed on 28.2.2009, the Director of Public Instruction rejected Ext.P7 revision petition, according to the petitioner, without adverting to any of the contentions set out by him in Ext.P7 revision petition and in Ext.P9 argument note. He has aggrieved by Ext.P10 filed Ext.P11 revision petition dated 9.3.2009 before the Secretary to Government, General Education Department, invoking the power of the Government under Rule 92 of Chapter XIV-A of the KER. In this writ W.P(C) No. 10712 of 2009-H 3 petition the petitioner challenges Exts.P2 and P10 and also seeks a writ in the nature of mandamus commanding the first respondent to consider Ext.P11 revision petition and pass orders thereon within a time limit to be fixed by this Court. 4. Aggrieved by Ext.P2 order passed by the District Educational Officer declining to approve his appointment and Ext.P10 order passed by the Director of Public Instruction on revision upholding Ext.P2, the petitioner has filed Ext.P11 revision petition before the Government invoking the power of the Government under Rule 92 of Chapter XIV A of the KER. The petitioner has invoked a statutory remedy available to him. The dispute is with regard to the approval of appointment made on 2.6.2008. The academic year 2008-09 has come to an end. In these circumstances, I am of the opinion that the Government should consider Ext.P11 revision petition and pass orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Ext.P11 revision petition and pass final orders thereon W.P(C) No. 10712 of 2009-H 4 after affording the petitioner and fourth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab