IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2336 of 2009(C) ------------------------- PETITIONER(S): --------------- 1. SHIBU.K.G., FULL TIME SANSKRIT TEACHER DAM U.P. SCHOOL, MUTTAPPALLY, KANJIRAPPILLY, KOTTAYAM. 2. K.B.SREEDEVI, FULL TIME SANSKRIT TEACHER A.U.P. SCHOOL, NALLALAM, KOZHIKODE -27. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER KANJIRAPILLY, KOTTAYAM DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER KANJIRAPILLY, KOTTAYAM DISTRICT. 3. THE DEPUTY DIRECTOR OF EDUCATION' KOTTAYAM. 4. THE ASSISTANT EDUCATIONAL OFFICER FEROKE ,KOZHIKODE. 5. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE. 6. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 7. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2336 of 2009 --------------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT The petitioners were appointed as Sanskrit teachers, the first petitioner in DAM U.P. School, Muttappally, Kanjirappilly, Kottayam and the second petitioner in A.U.P.School, Nallalam, Kozhikode, with effect from 1.3.2005 and 4.6.2007 respectively. It is stated that these appointments were towards full time retirement vacancies. The appointments of the petitioners were approved. 2. The grievance of the petitioners is that after several years, the Assistant Educational Officer concerned passed Exts.P3 and P4 orders stating that the Full Time Sanskrit Teacher post sanctioned under Group 'C' diversion is objected. Challenging Ext.P3 objection, relating to the first petitioner, the Manager filed Ext.P9 Revision before the Director of Public Instruction. Similarly, in respect of the second petitioner, objecting to Ext.P4, the Manager filed Ext.P8 Revision before the Director of Public Instruction. Exts.P8 and P9 are pending WPC No.2336/2009 2 disposal. 3. The petitioners relied on Exts.P5 and P6 Government Orders (G.O.(MS)43/78/G.Edn. dated 13.4.1978 and G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000 respectively). In Ext.P6, the Government have clarified that the posts created by virtue of Group 'C' diversion cannot be treated as protected and that such full time posts cannot be converted into part time posts. It is pointed out that Exts.P3 and P4 were passed not on the basis of the Government Orders, but, on the basis of an order passed by the Director of Public Instruction in a particular case. The learned counsel for the petitioners submits that the order in a particular case passed by the Director of Public Instruction should give way to the Government Orders in force. These points have been highlighted by the respective Managers in Exts.P8 and P9 Revisions. 4. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to dispose of Exts.P8 and P9 revisions, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an WPC No.2336/2009 3 opportunity of being heard to the petitioners. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. Till the disposal of Exts.P8 and P9, the operation and implementation of Exts.P3 and P4 shall be kept in abeyance. K.T.SANKARAN, JUDGE csl