IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 18483 of 2009(E) -------------------------------- PETITIONERS: ---------------- 1. SWAPNA,AGED 25 YEARS,W/O.ANIL KUMAR, FULL-TIME SANSKRIT TEACHER, KOTTAKKANAM A.U.P. ASCHOOL,P.O. KOOVERI, KANNUR DISTRICT. 2. SINIMOL P.V., AGED 22 YEARS, D/O.C.BALAKRISHNAN NAMBIAR,FULL TIME SANSKRIT TEACHER, MUTTANNUR U.P.SCHOOL, P.O. EDAYANNUR, KANNUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O. TALIPARAMBA, KANNUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, P.O. MATTANNUR, KANNUR DISTRICT. 5. THE MANAGER, KOTTAKKANAM A.U.P.SCHOOL, P.O. KOOVERI,KANNUR DISTRICT. 6. THE MANAGER, MUTTANNUR UP.SCHOOL, P.O. EDAYANNUR, KANNUR DISTRICT. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18483 OF 2009 --------------------------------------- Dated this the 2nd day of July, 2009. J U D G M E N T The petitioners are aggrieved by the non-grant of approval as full time Teachers. The 1st petitioner was appointed as full time L.G. Sanskrit Teacher on 02.06.2008 in Kottakkanam A.U.P.school against the retirement vacancy of one C.V.Janardhanan on 31.03.2008. Exhibit P1 is the copy of the order of appointment. The approval was granted only as a part time Teacher. Aggrieved by the same, the Manager filed an appeal to the Deputy Director of Education. The Manager has thereafter filed a revision petition as per Exhibit P4 as the appeal was rejected. The petitioners are relying upon Exhibit P5 order to contend that Group 'C' diversion is possible in their case. 2. As regards the 2nd petitioner, Exhibit P6 is the copy of the order of appointment, and the approval has been granted only as a part time Teacher. In the case of the 2nd petitioner, by Exhibit P8, the Director of Public Instruction has granted only a part time post. W.P.(C) No.18483/2009 2 The petitioners have filed revision petitions as per Exhibits P10 and P11 before the Government. Since the petitioners have availed of the statutory remedy before the appropriate authority, the 1st respondent will take a decision on Exhibits P10 and P11 in accordance with law, after hearing the petitioners and respondents 5 and 6 being the respective Managers of the schools, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp