IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20490 of 2011(I) -------------------------- PETITIONER: --------------- SREEJITH C.K, S/O.RAVEENDRAN, AGED 28 YEARS, FULL-TIME SANSKRIT TEACHER, NORTH MAPILA UP.SCHOOL MATTOOL, P.O.MATTOOL, KANNUR DISTRICT BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION (E)DEPARTMENT, GOVERNMENT SEFCRETARIAT ANNEX, TRIVANDRUM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014 3. THE ASSISTANT EDUCATIONAL OFFICER, P.O.AYANGADI,KANNUR DISTRICT-670303 4. THE MANAGER, NORTH MAPILA U.P.SCHOOL MATTOOL,P.O.MATTOOL, KANNUR DISTRICT-670302 5. THE HEADMASTER, NORTH MAPILA U P SCHOOL, MATTOOL P.O.MATTOOL, KANNUR DISTRICT-670302 BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20490/11 PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.1.6.10. EXT.P2: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.29.9.10. EXT.P3: COPY OF THE STAFF FIXATION ORDER OF THE 3RD RESPONDENT DT.30.7.09. EXT.P4: COPY OF THE STAFF FIXATION ORDER OF THE 3RD RESPONDENT DT.13.8.10. EXT.P5: COPY OF THE GO(RT)NO.993/2010/G.EDN. OF THE GOVERNMENT DT.6.3.10.. EXT.P6: COPY OF THE ORDER NO.E/3031/2009/D.DIS. OF THE 3RD RESPONDENT DT.17.4.10. EXT.P7: COPY OF GO(MS)NO.371/2000/G.EDN. OF THE GOVERNMENT DT.13.11.2000. EXT.P8: COPY OF REVISION PETITION FILED BEFORE THE GOVERNMENT DT.22.6.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.20490 Of 2011 -------------------------------------------------- DATED THIS THE 27TH DAY OF JULY, 2011 J U D G M E N T The petitioner was appointed as Full Time Sanskrit Teacher in the North Mopila U.P.School, Madayi from 1.6.2010 against the retirement vacancy of one Smt.P.V.Premalatha as per Exhibit P1 order. But the approval was temporarily as a part time teacher by the Assistant Educational Officer. Even though a revision petition was filed by the Manager as per Exhibit P2, the same has not been disposed of so far. Exhibits P3 and P4 are the staff fixation order for the years 2009-10 and 2010-11, which show that sufficient periods are there for diverting periods from Group C subjects also. 2. It is pointed out that post of Sanskrit was created in the school by way of Group C diversion which is evident from Exhibit P5 order. 3. The petitioner has also filed a revision petition as per Exhibit P8 seeking for appropriate directions. W.P.(C)No.20490/11 -2- 4. There will be a direction to the Government to take a decision on Exhibits P2 and P8, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 1st respondent-Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn