IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2925 of 2009(W) ------------------------- PETITIONER(S): --------------- 1. MUZAMMAL.M., S/O.UMMER, 32 YEARS, FULL-TIME URDU TEACHER, PAMBURATHI MOPILA A.U.P.SCHOOL, P.O.NARATH, KANNUR-670603. 2. THAJUDHEEN.M., 30 YEARS, S/O.ABDUL JALAL, FULL-TIME URDU TEACHER PUZHATHI NORTH U.P.SCHOOL, PO.KOTTALI, KANNUR PIN-670 016. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION(S) DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH PO, TALIPARAMBA, KANNUR. 4. ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI.PO., PAPPINISSERI KANNUR. 5. MANAGER, PAMBURUTHI MOPILA AUP SCHOOL, PO.NARATH, KANNUR-670 603. 6. MANAGER, PUZHATHI NORTH UP.SCHOOL, PO.KOTTALI, KANNUR-670016. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2925 of 2009 --------------------------------------------- Dated this the 28th day of January, 2009 JUDGMENT The petitioners state that they were appointed as Full Time Urdu Teachers in Pamburuthi Mopila A.U.P. School and Puzhathi North U.P. School respectively against retirement vacancies. But, the appointments were approved only as Part Time Urdu Teachers with effect from 2.6.2004 onwards. It is stated that before the appointment of the petitioners, by Group C diversion, Part Time Posts were converted as Full Time Posts. Exts.P4 and P4(a) are the Staff Fixation Orders, sanctioning part time and full time posts of Urdu teachers by diverting 3 periods from Group C subjects with effect from 15.7.1983 and 15.7.1982 respectively. It is stated that the requisite number of students in standards 5, 6 and 7 are available for the last 25 years. It is also contended that going by the allocation of the periods, the petitioners are entitled to get full time posts of Urdu. The petitioners rely on Ext.P5 Government Order dated 13.11.2000 wherein the Government clarified that the full time posts so created cannot be converted into part time posts. WPC No.2925/09 2 2. The petitioners have filed Exts.P9 and P10 Revision Petitions before the Government praying to restore the full time posts of Urdu with effect from 2.6.2004 and for disbursement of salary accordingly. Exts.P9 and P10 Revisions are pending. 3. The reliefs prayed for in the Writ Petition are the following : “(i) declare that the petitioners are entitled to get their appointments approved as full time teachers with attendant benefits. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd and 4th respondents to grant full time posts of Urudu Teachers in respect of the petitioners. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to effectively consider and pass appropriate orders upon Exts.P9 and P10 after affording an opportunity of being heard to the petitioners 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.” 4. However, for the time being, the petitioners submit that a direction may be issued to the first respondent to consider and dispose of Exts.P9 and P10 Revisions expeditiously, leaving open the right of the petitioners to claim the other reliefs at the WPC No.2925/09 3 appropriate stage. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (i) The first respondent shall consider and dispose of Exts.P9 and P10 Revisions, 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 petitioners as well as the Managers, namely, respondents 5 and 6. (ii) The petitioners shall produce a copy of the judgment and copy of the Writ Petition before the first respondent. (iii) The petitioners shall send copies of the Writ Petition and copies of the judgments to respondents 5 and 6 separately by registered post and shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE csl