IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20324 of 2011(M) ---------------------------------------- PETITIONER(S): ---------------------- BINDU VARGHESE, WIFE OF M.O. IPE, AGED 40 YEARS, LOWER GRADE HINDI TEACHER (FULL-TIME), ST.JOHN'S HIGHER SECONDARY SCHOOL, P.O. ERAVIPEROOR, TIRUVALLA, PATHANAMTHITTA-689 542. 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 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT TIRUVALLA-689 101. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUVALLA-689 101. 5. THE MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL, P.O. ERAVIPEROOR, TIRUVALLA, PATHANAMTHITTA-689 542. R1 TO R4 BY GOVT. PLEADER MR.V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20324 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(RT) NO.5148/2008/G.EDN. OF THE GOVERNMENT. EXT.P2: COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2007-2008. EXT.P3: COPY OF THE ORDER NO.B3/14939/10/K.DIS. OF THE 3RD RESPONDENT. EXT.P4: COPY OF THE G.O.(RT) NO.622/11/G.EDN. OF THE GOVERNMENT. EXT.P5: COPY OF THE INTERIM ORDER IN WP(C) NO. 19728/2010-M. EXT.P6: COPY OF THE DECLARATION (BOND) EXECUTED BY THE MANAGER. EXT.P7: COPY OF THE LETTER NO.62634/J2/10/G.EDN. OF THE GOVERNMENT. EXT.P8: COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20324/2011-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2011 J U D G M E N T The petitioner seeks for a direction to the second respondent to take a decision on Ext.P8 appeal within a time frame. 2. The petitioner is a Lower Grade Hindi Teacher (Full-time). Her service started as a Lower Grade Hindi Teacher (Part-time), and appointment as a Full- time teacher was made on 05/06/2000, in St.John's High School, Eraviperoor and has continuous service from 02/06/2004 onwards. It is averred that the said appointment was approved. In the light of the orders regarding staff fixation, the petitioner was transferred as a Part-time Lower Grade Hindi Teacher from 15/07/2006. One of the affected teachers challenged the order before this Court in W.P.(C). No.27887/2006 and the petitioner also challenged the reversion by filing W.P.(C).No.27046/2006. Directions were issued to retain the petitioners therein by a common Judgment rendered by this Court. Finally, the W.P.(C). No.20324/2011 -:2:- Government passed an order Ext.P1 whereby the petitioner was retained as a Full Time Lower Grade Hindi Teacher in St.John's H.S., Eraviperoor. In the next year, i.e. 2007-08 the District Educational Officer sanctioned two posts of H.S.A (Hindi) but the post of L.G Hindi Teacher was not sanctioned. Ext.P2 will show that the post is not sanctioned. The appeal filed by the Manager was rejected by Ext.P3. According to the petitioner, in the light of the various orders passed by the Government and in the light of the Judgments relied upon by the petitioner, the same is not justified. Finally, the petitioner has filed an appeal as per Ext.P8. 3. There will be a direction to the Director of Public Instruction to take a decision on Ext.P8 appeal after hearing the petitioner and the Manager and any other affected teacher within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. W.P.(C). No.20324/2011 -:3:- The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms