IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 25126 of 2011(M) -------------------------------- PETITIONER: -------------- M.JAYALAKSHMI AGED 34 YEARS, W/O. RAJESH KUMAR, FULL TIME SANSKRIT TEACHER, KALLUR NEW UP SHCOOL, P.O.MATTANNUR, KANNUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCAITON DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 014. 3. THE DISTRICT EDUCATIONAL OFFICER TELLICHERRY P.O, TELLICHERRY, KANNUR DISTRICT 670 101. 4. THE ASSISTANT EDUCATIONAL OFFICER MATTANNUR, P.O. MATTANNUR, KANNUR DISTRICT 670 702. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25126/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DTD. 1.1.04. EXT.P2 : TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI.E.K.SANKARAN DTD. 18.09.78. EXT.P3 : TRUE COPY OF THE ORDER NO.B5-11385/2004 OF THE 3RD RESPONDENT DTD. 5.10.04. EXT.P4 : TRUE COPY OF THE ORDER NO.K.DIS.109376/04/G4/DPI OF R2 DTD. 27.02.06. EXT.P5 : TRUE COPY OF THE GO (MS)NO.371/2000/G.EDN OF THE GOVERNMENT DTD. 13.11.00. EXT.P6 : TRUE COPY OF THE STAFF FIXATION ORDER 1995-96 DTD. 31.7.95. EXT.P6(a) : TRUE COPY OF THE STAFF FIXATION ORDER 1996-97 DTD. 19.8.96. EXT.P6(b) : TRUE COPY OF THE STAFF FIXATION ORDER 1997-98 DTD. 14.7.97. EXT.P7 : TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 28.8.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25126 OF 2011 --------------------------------------- Dated this the 22nd day of September, 2011. J U D G M E N T In this writ petition, the petitioner seeks for a direction to the Government to take a decision on Ext.P7 revision petition within a time frame. The revision petition is filed under Rule 12F of Chapter XXIII of Kerala Education Rules. 2. The grievance raised by the petitioner is that due to conversion of the full time post of Sanskrit Teacher, the petitioner is holding it as a part time teacher. By Ext.P1, the petitioner was appointed as full time Sanskrit Teacher and the post was created by way of Group 'C' diversion and the petitioner has produced Ext.P2 in support of the above plea. By Ext.P3 order, the District Educational Officer, Tellicherry ordered conversion of the post as part time. Even though the Manager challenged the same before the Director of Public Instruction in a revision petition, that was dismissed. The petitioner has produced Exts.P6 to P6(b) staff fixation orders in support of the plea that the full time post ought W.P.(C) No.25126/2011 2 to have been granted. 3. It is submitted by the learned counsel for the petitioner that even though the Manager filed a revision petition before the Government against the order passed by the Director of Public Instruction, that was not pursued and therefore, the petitioner has filed a revision petition as per Ext.P7. It is upto the Government to take a decision on Ext.P7 in accordance with law. There will be a direction to the Government to consider and pass orders on Ext.P7 revision petition, 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 this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp