IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 30403 of 2010(A) PETITIONER: --------------- SADIQALI MADATHIL KUNNETH, S/O.HYDER, AGED 34 YEARS, HIGH SCHOOL ASSISTANT (URDU) NAROKAVU HIGH SCHOOL, NAROKAVU POST KUNNUMMEL POTTY, MALAPPURAM. 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, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, POST MALAPPURAM-676 519. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM-679 328. 5. THE MANAGER, NAROKAVU HIGH SCHOOL, NAROKAVU, POST KUNNUMMEL POTTY, MALAPPURAM DISTRICT- 679 331. R1 TO R4 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30403 OF 2010 A ------------------------------------------------------ Dated this the 4th day of October, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to the fifth respondent. Government Pleader takes notice for respondents 1 to 4. 2. The case of the petitioner is the following: The petitioner is working as H.S.A.(Urdu) in Narokavu High School, of which, the fifth respondent is the Manager. The School is an aided school. When N.Abida, H.S.A.(Urdu) retired on superannuation with effect from 31.3.2009, the Manager appointed the petitioner as H.S.A.(Urdu) with effect from 1.6.2009, as per Ext.P1 order of appointment. The proposal for approval of the appointment of the petitioner was rejected by the District Educational Officer, as per Ext.P2 order dated 16.10.2009. The Manager submitted appeal to the Deputy Director of Education challenging Ext.P2. The Deputy Director of Education rejected the appeal as per Ext.P3 order dated 3.8.2010. Challenging W.P.(C) NO.30403 OF 2010 :: 2 :: Ext.P3 order, the Manager filed Ext.P5 revision dated 9.9.2010 before the Government. Ext.P5 revision is pending disposal. 3. The case of the petitioner is that he was appointed as H.S.A.(Urdu) in a post sanctioned under group 'C' diversion. It is contended that as per the existing Government Orders, the post created on group 'C' diversion cannot be treated as part time post. The petitioner also relies on the Government Orders mentioned in paragraph 6 of the Writ Petition to contend that the benefit of group 'C' diversion can be extended to the newly appointed teachers also. 4. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibits P2 and P3 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to approve the appointment of the Petitioner forthwith. W.P.(C) NO.30403 OF 2010 :: 3 :: (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P5 after affording an opportunity of being heard to the Petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 5. Learned counsel for the petitioner submits that the petitioner would be satisfied if relief (iii) is granted, for the time being, leaving open his contentions. The request is just and reasonable. Accordingly, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P5 revision dated 9.9.2010 filed by the Manager, 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 Manager and the petitioner. W.P.(C) NO.30403 OF 2010 :: 4 :: b) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. c) The petitioner shall send a copy of the judgment and a copy of the Writ Petition to the Manager by registered post and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/