IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 558 of 2011(I) ---------------------------------- PETITIONER(S): ------------------------ KALPANA.V.V,W/O.GANGADHARAN,AGED 34 YRS, PART-TIME SANSKRIT TEACHER,KORJAN U.P.SCHOOL, P.O.KAKKAD,KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION(E) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,THIRUVANANTHAPURAM-695014. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI,P.O.PAPPINISSERI,KANNUR DISTRICT, PIN-670 561. 4. THE HEADMASTER,KORJAN U.P.SCHOOL, P.O.KAKKAD,KANNUR DISTRICT,PIN-670005. 5. SMT.NALINI.K.P,MANAGER,KORJAN U.P.SCHOOL P.O.KAKKAD,KANNUR DISTRICT,PIN-670 005. BY GOVERNMENTPLEADERSMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.558 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF JANUARY, 2011 J U D G M E N T The petitioner herein is seeking for a direction to the Government to take a decision on Exhibit P8. The issue raised herein is with regard to the claim of the petitioner for appointment on regular basis. The petitioner was appointed as Part Time Sanskrit Teacher in the 5th respondent School with effect from 3.8.2007 against a retirement vacancy of Smt.M.Lalitha - a Full Time Sanskrit Teacher, who retired on 31.5.2005. By way of Group 'C' diversion, the post was being treated as a full time one as evident from Exhibits P2 and P2(a) orders passed by the Assistant Educational Officer. According to the petitioner, without considering the effect of these orders, the Assistant Educational Officer has reduced the post as a Part Time one even without notice to the petitioner or the Manager. Reliance is placed on Exhibit P3 Government Order to show that once the Full Time is created by Group C diversion, the same cannot be converted as a Part Time one. It is also submitted that the petitioner had been offering service on a Full Time basis. The W.P.(C)No.558/11 -2- order passed by the Director of Public Instructions is only to approve the appointment on Part Time basis and aggrieved by the same, the petitioner has filed Exhibit P8 revision petition. Exhibits P9 and P9(a) are produced to show that in similar cases the very same Assistant Educational Officer has restored the Full Time Post in Azheekode South and West U.P.Schools. 2. It is upto the Government to take a decision on Exhibit P8. There will be a direction to the 1st respondent to consider and take a decision on Exhibit P8 after hearing the petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE). dsn