IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36656 of 2010(F) -------------------------- PETITIONER(S): ----------------------- BABY SMITHA K.C.,W/O.RAJESH, AGED 27 YEARS, FULL-TIME SANSKRIT TEACHER, AZHIKODE WEST UP SCHOOL, P.O.AZHIKODE SOUTH 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 INSTRUCTION JAGATHY, TRIVANDRUM-14 3. THE ASSISTANT EDUCATIONAL OFFIER, PAPPINISSERY, P.O.PAPPINISSERY, KANNUR DISTRICT-670561 4. THE MANAGER, AZHIKODE WEST U.P.SCHOOL, P.O.AZHIKODE SOUTH KANNUR DISTRICT-670009 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 36656 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Appointment Order. Ext.P2 :- Copy of the Staff Fixation Order 2010-11. Ext.P3 :- Copy of the Staff Fixation Order 1991-92. Ext.P4 :- Copy of the G.O. (Ms.) No.371/2000/G.Edn. Of the Government. Ext.P5 :- Copy of the Appeal filed before the 2nd respondent. Ext.P5(a) :- Copy of the Acknowledgement Card. Ext.P6 :- Copy of the Time Table. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge K.T.SANKARAN, J. ------------------------------ W.P.(C).No.36656 OF 2010 ------------------------------ Dated this the 8 th day of December, 2010 JUDGMENT The petitioner was appointed as Full Time Sanskrit Teacher in Azhikode West U.P.School with effect from 1.6.2010 against a retirement vacancy. The Manager submitted the proposal for approval of appointment to the Educational Officer. As per Ext.P2 staff fixation order for the academic year 2010-2011, the Full Time post of Sanskrit was reduced to Part Time post on the ground that it is an uneconomic school. The case of the petitioner is that the Full Time post of Sanskrit teacher was created by way of Group C diversion, as per Ext.P3 staff fixation order for 1991-92. It is also submitted that in view of G.O.(Ms) No.371/2000/G.Edn. dated 13.11.2000 (Ext.P4), the reduction of the post to Part Time post was not proper. Challenging the staff fixation order for 2010-2011, the petitioner filed Ext.P5 revision W.P.(C).No.36656 OF 2010 2 dated 4.11.2010 before the Director of Public Instruction. Ext.P5 is pending disposal. 2.Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Ext.P5 revision is directed to be considered expeditiously. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to consider and dispose of Ext.P5 revision dated 4.11.2010 submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and 4 th W.P.(C).No.36656 OF 2010 3 respondent Manager. The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the Director of Public Instruction. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the 4 th respondent Manager by registered post and the petitioner shall produce a proof of the same before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms