IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26292 of 2009(F) -------------------------- PETITIONER(S): --------------- RAJITHA.P.I., W/O.SASIDHARAN, AGED 36 YEARS, FULL-TIME URDU TEACHER, AZHIKODE WEST U.P.SCHOOL, P.O.AZHIKODE SOUTH, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI, POST PAPPINISSERI, KANNUR DISTRICT. 4. THE MANAGER, AZHIKODE WEST U.P.SCHOOL, P.O.AZHIKODE SOUTH, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26292/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of September, 2009 J U D G M E N T The petitioner was appointed as part-time Urdu Teacher on 02/06/2008 against a retirement vacancy of Shri P.V.Lakshmanan, full-time Urdu Teacher. The Assistant Educational Officer did not restore the full- time post from 2008-09 onwards taking the stand that the full-time benefit granted to the retiree has been abolished consequent on his retirement and, accordingly, a part-time post was sanctioned. 2. The petitioner has filed Ext.P5 revision petition before the Government in the matter. The petitioner contends that there is scope for sanctioning a full-time Urdu post as per the contents of the staff fixation order 2008-09. It is further contended that no specialist teachers are working in the school also. 3. It is upto the Government to take a decision in the matter. Since the revision petition has not been disposed of, there will be a direction to the first respondent to take a decision on Ext.P5 revision petition after W.P.(C). No.26292/2009 -:2:- hearing the petitioner and the fourth respondent Manager within four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms