IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30705 of 2010(K) -------------------------- PETITIONER(S): --------------- REJITHA P.I., W/O.SASIDHARAN, AGED 37 YEARS, URDU TEACHER, AZHIKODE WEST U.P.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 (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR - 2. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY P.O., PAPPINISSERY - 670 561. KANNUR DISTRICT. 4. THE HEADMISTRESS, AZHIKODE WEST U.P.SCHOOL P.O.AZHIKODE SOUTH, KANNUR DISTRICT. 670 009. 5. THE MANAGER, AZHIKODE WEST U.P.SCHOOL P.O.AZHIKODE SOUTH, KANNUR DISTRICT. 670 009. SMT.NISHA BOSE, G.P. FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF GO(Rt.) NO.396/10/G.EDN. OF THE GOVT. EXT.P2:- COPY OF ORDER NO.K.DIS.D/5009/09 OF THE AEO EXT.P3:- COPY OF APPEAL FILED BEFORE DY.D.E. EXT.P4:- COPY OF PETITION FILED BEFORE THE GOVT. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30705 OF 2010 ------------------------------ Dated this the 6th day of October, 2010 JUDGMENT The case of the petitioner is the following: The petitioner was appointed as Urdu teacher in Azhikode West U.P. School with effect from 2.6.2008 onwards against the retirement vacancy of P.V.Lakshmanan who retired on 31.3.2008. As per the staff fixation order for the year 2008-2009, the Assistant Educational Officer reduced the existing full-time post into a part-time post. Aggrieved by the staff fixation order, the petitioner filed an appeal. As per Ext.P1 order dated 22.1.2010, the appeal was allowed by the Government. The Assistant Educational officer was directed to restore the full-time post of Urdu in the school by revising staff fixation for the year 2008-2009. In compliance with Ext.P1, the Assistant Educational officer revised the staff fixation order and restored the full-time post of Urdu, as per Ext.P2 order dated 18.5.2010. W.P.(C).No.30705 OF 2010 2 2. The grievance of the petitioner is that the Assistant Educational Officer limited the approval as full-time post of Urdu only from 2.6.2008 to 6.10.2009 and from 1.6.2010 onwards. In other words, the period from 7.10.2009 to 31.3.2010 was not reckoned while sanctioning the full-time post of Urdu. Aggrieved by the same, the petitioner filed Ext.P3 appeal to the Deputy Director of Education. It is stated that the appeal was not disposed of by the Deputy Director of Education. Therefore, the petitioner submitted Ext.P4 revision before the Government under Rule 92 of Chapter XIV- A of the Kerala Education Rules. Ext.P4 is pending. It is stated in the Writ Petition that the Deputy Director of Education expressed the view that unless specific directions are issued by the Government, full-time approval cannot be granted for the period from 7.10.2009 to 31.3.2010. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: W.P.(C).No.30705 OF 2010 3 “(i) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant full- time benefits to the petitioner since 2.6.2008. (ii) declare that denial of full-time benefits to the Petitioner for the period from 7.10.2009 to 31.3.2010 is illegal. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P-4 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 it would be sufficient for the time being, to grant relief No.(iii) keeping open the contentions put forward by the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P4 revision dated 13.9.2010 submitted by the petitioner, W.P.(C).No.30705 OF 2010 4 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 respondents 4 and 5. b) The petitioner shall produce certified copy of the judgment and copy of the Writ Petition before the first respondent. c) The petitioner shall also send copy of the Writ Petition and copy of the judgment to respondents 4 and 5 by registered post and he shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms