IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 18975 of 2007(H) ---------------------------------------- PETITIONER(S): ------------------------ K.V.LATHA, D/O. VENKITESWARA IYER, CHITTUR, PALAKKAD DISTRICT. (PART TIME SANSKRIT TEACHER IN THE KVMM UP SCHOOL, AT VADAVANNUR), CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.P.R.VENKETESH RESPONDENT(S): ------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 2. THE ASST. EDUCATIONAL OFFICER, KOLLENGODE. 3. THE MANAGER, KVMM UP SCHOOL, VADAVANNUR. BY GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18975/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GOVERNMENT ORDER DT. 13.4.78. P2:- COPY OF THE CIRCULAR DT. 2.5.06 BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. P3:- COPY OF THE LAWYERS NOTICE DT. 17.2.07. P4:- COPY OF THE REPLY OF AEO DT. 13.3.07. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18975 of 2007-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2009. JUDGMENT The petitioner herein who is working as Part-time Sanskrit Teacher in the third respondent's school from 1.6.2006 onwards, i.e. from the academic year 2005-06, is claiming the benefit of Ext.P1 Govt. Order dated 13.4.1978 granting concession to the Sanskrit teachers also. Thereafter, by Ext.P2 the Director of Public Instruction has issued a direction to all the Educational Officers to implement Ext.P1. When the petitioner approached the Assistant Educational Officer for getting sanction of a Full time post, Ext.P5 reply was given to the effect that no proposals for sanctioning a Full time post of Sanskrit Teacher, is seen received at the time of staff fixation 2006-07 from the Manager of the school and the petitioner was advised to take up the matter with the manager who is the appointing authority. 2. Aggrieved by the same, this writ petition has been filed. Along with I.A.NO.13539/2008, the petitioner has produced Ext.P5, a Government letter dated 2.7.2008 addressed to the Asst. Educational Officer, Chombala, Kozhikode. Therein, the Government issued adirection to create one Full time post of Sanskrit teacher in accordance with Group wpc 18975/2007 2 'C' diversion and to approve the appointment of the teacher as Full time. A similar plea is raised by the petitioner. It is for the manager to send the proposal, evidently, going by Ext.P4. The petitioner is rightly claiming the benefit of Ext.P1 which is liable to be considered favourably by the manager. But the proposal should reach the Asst. Educational Officer from the manager, for him to take action. Going by G.O.(MS) No.43/78/G.Edn. dated 13.4.1978 concession for diversion under Group 'C' subjects is applicable to Sanskrit teachers. This is evident from Ext.P2 circular issued by the Director of Public Instruction also. 3. Therefore, there will be a direction to the third respondent to submit a proposal to sanction a Full time post of Sanskrit teacher by diverting Group 'C' subjects within a period of one month from the date of receipt of a copy of this judgment. The same will be done in accordance with the scheme, i.e. Exts.P1 and P2. On receipt of the same, the second respondent will pass appropriate orders in accordance with the Government Orders to redress the grievance of the petitioner. The same shall be done within a further period of two months. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) wpc 18975/2007 3 kav/