IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26431 of 2008(V) -------------------------- PETITIONER: ------------ SAJI KUMAR KOTTODI AGED 35 YEARS, S/O. MUKUNDAN,FULL-TIME URDU TEACHER,PARASSINIKKADAVU U.P., SCHOOL, P.O.PARASSINIKADAVU, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY,TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION KANNUR, P.O.,KANNUR-2 4. THE ASSISTANT EDUCATIONAL OFFICER TALIPARAMBA SOUTH, P.O.TALIPARAMBA KANNUR DISTRICT. 5. THE MANAGER PARASSINIKKADAVU U.P.SCHOOL P.O.PARASSINIKADAVU, KANNUR DISTRICT. BY GOVT. PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.26431 of 2008 V -------------------------------------- Dated this the 2nd day of September, 2008. J U D G M E N T The petitioner was appointed as Full Time Urdu Teacher in Parassinikadavu U.P. School from 1.6.2007 against the retirement vacancy of Shri E.Ramunnikutty. It is stated that the appointment was approved as Part Time Urdu Teacher. It is stated that as per the staff fixation from 15.7.1981 onwards, a Full Time Urdu Teacher post was granted by diverting three periods from Group 'C' subjects and that the same position was continuing. It is stated that all of a sudden, without notice, the Full Time Post was converted as Part Time pointing out G.O.(Ms.) No.62/73/G.Edn. dated 2.5.1973, ignoring the previous staff fixation orders. The contention of the petitioner is that G.O.(Ms.) No.62/73/G.Edn. dated 2.5.1973 is not at all applicable in the case of Urdu Teacher and that G.O.(Ms.) No.129/78/G.Edn. dated 19.9.1978 would apply. The petitioner also relies on Ext.P3 Government Order dated 13.11.2000 wherein it is stated thus - “3. In the letter read as seventh paper above the Director of Public Instruction has reported that there are instances where the Educational Officer mis- interpret the relevant Government Orders and WP(C) No.26431/2008 2 mention the posts sanctioned by virtue of group “C” diversion; and the posts held by the beneficiaries of orders read as fifth paper above as protected. Hence he has sought for clarification in this regard. 4. Government have examined the matter in detail and are pleased to clarify 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. 5. If any Educational Officer has already proceeded with the staff fixation and issued irregular orders as mentioned above, he shall review such orders in accordance with this clarificatory Government Order.” 2. The petitioner states that as per Ext.P4 order, the Deputy Director of Education, Kannur, rejected the contentions put forward by the petitioner and that the Director of Public Instruction also has not accepted the petitioner's contentions. The petitioner has submitted Ext.P8 revision dated 18.7.2008 before the Government challenging the order passed by the Director of Public Instruction. Ext.P8 revision is pending disposal. WP(C) No.26431/2008 3 3. The reliefs prayed for in the Writ Petition are the following:- “(a) call for the records relating to Exhibit P-4 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (b) declare that the Petitioner is entitled to have approval and service benefits as Full-time teacher in the light of Exhibits P-3, P-5, P-6 and P7. © 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 P-8 after affording an opportunity of being heard to the Petitioner within a time limit. (d) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” WP(C) No.26431/2008 4 4. Since Ext.P8 revision is pending disposal, the learned counsel for the petitioner submits that for the present, the petitioner would be satisfied if relief No.'c' is granted leaving open the right of the petitioner to pray for other reliefs at the appropriate stage, if found necessary. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The first respondent shall dispose of Ext.P8 revision dated 18.7.2008 as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner and the Manager of the school (fifth respondent). (ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. (iii) The petitioner shall send a copy of the judgment by registered post to the fifth respondent and shall produce proof of the same before the first respondent. K.T. SANKARAN, JUDGE. cks