IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29845 of 2010(E) -------------------------- PETITIONER(S): --------------- SHYMA.K.C., W/O.A.SASIDHARAN, AGED 35 YEARS, FULL-TIME SANSKRIT TEACHER, ST.ANN'S A.U.P.SCHOOL, NILESWAR, P.O.NILESWAR-670 314, KASARAGOD 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 DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD, P.O.VIDHYA NAGAR-671 123, KASARAGOD. 4. THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, P.O.HOSDURG-671 123, KASARAGOD DISTRICT. 5. THE MANAGER, ST.ANN'S A.U.P.SCHOOL, NILESWAR, P.O.NILESWAR-670 314, KASARAGOD DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29845/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER EXT.P2 : COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK EXT.P2(a) : COPY OF THE STAFF FIXATION ORDER NO.4387/90/D.DIS. OF THE ASST. EDL. OFFICER. EXT.P3: COPY OF THE REVISION PETITION OF THE PETITIONER. EXT.P4 : COPY OF THE G.O.(MS) NO.371/2000/G. EDN. OF THE GOVERNMENT. EXT.P5: COPY OF THE ORDER OF THE MANAGER. EXT.P6: COPY OF THE G.O.(Rt) NO.2390/2008/G.EDN. OF THE GOVERNMENT. EXT.P7: COPY OF THE G.O.(Rt) NO.1618/2010/G.EDN. OF THE GOVERNMENT. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29845 of 2010 --------------------------------------------- Dated this the 28th day of September, 2010 JUDGMENT The case of the petitioner is as follows: She was appointed as Part Time Sanskrit Teacher in St.Ann's AUP School, Nileswar, Kasaragod against the retirement vacancy of a Full Time Sanskrit Teacher with effect from 2.6.2008, as per Ext.P1. It is stated that the post of Sanskrit was created in the school in 1978 as part time. Full Time Post was sanctioned with effect from 15.7.1981, by way of Group 'C' diversion. It is submitted that Ext.P2(a) staff fixation order for the year 1990-1991 would disclose the same. On realising that the petitioner could have been appointed as Full Time Teacher, the Manager rectified the earlier appointment and submitted fresh proceedings to the Assistant Educational Officer for ratification, as per Ext.P5 proceedings dated 1.6.2010 of the Manager. It is stated that the approval order was not rectified by the Assistant Educational Officer. In these circumstances, the petitioner filed Ext.P3 revision dated 27.7.2010 before the first respondent under Rule WPC 29845/2010 2 92 of Chapter XIVA of the Kerala Education Rules. Ext.P3 revision is pending. 2. It is contended by the petitioner that the Government have sanctioned the full time benefit in similar cases. It is also contended that once Group C diversion is made, that post cannot be converted as Part Time. The petitioner relies on Ext.P4 G.O. (Ms.) No.371/2000/G.Edn. dated 13.11.2000 in support of that contention. 3. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents grant approval to the appointment of the petitioner as full time teacher from 2.6.2008, restoring full-time post of Sanskrit in the school in the light of Ext.P4. (ii) issue a writ of mandamus or other appropriate writ order or direction WPC 29845/2010 3 commanding the fourth respondent to ratify and approve Ext.P5 forthwith. (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 Ext.P3 after affording an opportunity of being heard to the petitioner 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. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied, if relief No. (iii) is granted, leaving open all her contentions. Heard the learned Government Pleader also. Since Ext.P3 is pending, it is only proper to direct the first respondent to consider and dispose of Ext.P3. Accordingly, the Writ Petition is disposed of as follows : (i) The first respondent shall consider Ext.P3 WPC 29845/2010 4 revision dated 27.7.2010 submitted by the petitioner, 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 petitioner and the Manager. (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 to the fifth respondent Manager by registered post and shall produce proof the same before the first respondent. K.T.SANKARAN, JUDGE csl