IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 29235 of 2003(E) -------------------------- PETITIONER(S): --------------- C.A.SAHIRA, AGED 36 YEARS, W/O. ISHAQ, FULL TIME ARABIC TEACHER, S.B.M.L.P. SCHOOL, KOORKKANCHERY, THRISSUR DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 5. THE MANAGER, S.B.M.L.P. SCHOOL, KOORKKANCHERY, THRISSUR DISTRICT. 6. THE HEADMASTER, S.B.M.L.P.SCHOOL, KOORKKANCHERY, THRISSUR DISTRICT. ADV. SRI.K.B.MOHANDAS FOR R5&R6 SRI.LELLULAL T.G.THUNDATHIL FOR R5&R6 SHRI.T.TMOHAMMOOD, GOVERNMENT PLEADER FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29235/2003 APPENDIX PETITIONERS' EXHIBITS P1 : COPY OF the ORDER NO.D.DIS.D-2704/2000 OF THE 4TH RESPONDENT DATED 15/07/2000. P2 : COPY OF THE G.O.(P) NO.175/99/G. EDN. DATED 26/07/1999. P3 : COPY OF the G.O.(P) NO.240/99/G. EDN. DATED 29/09/1999. P4 : COPY OF the G.O.(MS) NO.80/86/G.EDN. DATED 20/05/1986. P5 : COPY OF the ORDER NO.B3-20340/2000/D.DIS. OF THE 3RD RESPONDENT. P6 : COPY OF THE ORDER NO.D.DIS.16227/2001/RA2/DPI OF THE 2ND RESPONDENT. P7 : COPY OF THE ORDER NO.40904/S2/01 G.EDN. DATED 08/08/2003. P8 : COPY OF the G.O.(MS) NO.62/73/S.EDN. DATED 02/05/1973. P9 : COPY OF THE G.O.(MS) NO.189/82/G.EDN. DATED 14/12/1982. P10 : COPY OF the G.O.(MS) NO.11/87/G.EDN. DATED 07/01/1987. P11 : COPY OF THE G.O.(P) NO.328/2003/FIN. DATED 19/06/2003. P12 : COPY OF the JUDGMENT IN O.P.NO.25639/2002 DATED 24/02/2003. P13 : COPY OF the ORDER NO.D.DIS.D-2626/2001 OF THE AEO, THRISSUR WEST DATED 13/07/2001. P14 : COPY OF THE ORDER NO.D.DISD.2547/2002 OF --DO-- DATED 15/07/2002. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. -------------------------- W.P.(C) No.29235 OF 2003 ------------------------------------- Dated this the 25th day of November 2008 J U D G M E N T The prayer in this writ petition is to quash Exts.P5 to P7 and require the 4th respondent to modify Ext.P1 giving Full Time benefit to the petitioner. 2. The petitioner was appointed as Full Time Arabic Teacher with effect from 03/01/1994 in the school of which the 5th respondent is the Manager. In Ext.P1 staff fixation order for the year 2000-01, only the post of a Part Time Arabic Teacher was allowed. Against that order appeals were filed, which were rejected by the Deputy Director by Ext.P5 and the DPI by Ext.P6. The Government also rejected the revision by Ext.P7. 3. Exts.P5, P6 & P7 orders show that Full Time vacancy was declined on the basis that the conditions of Government Order No. GO(MS) No.62/73/G.Edn. dated W.P.(C) No.29235/2003 -2- 02/05/1973, which requires more than five years service and eight periods of work, were not satisfied. However, the learned counsel for the petitioner refers to Exts.P9 and P10 Government Orders and contend that the prescription of eight periods of work mentioned in Ext.P8 has since been dispensed with. This position is confirmed by the learned Government Pleader also. If that be so, necessarily, I must conclude that Exts.P5 to P7 were rendered without taking into account Exts.P9 and P10 and therefore, these orders are vitiated. Consequently, Ext.P1 needs to be modified. 4. Therefore, this writ petition is disposed of directing the 4th respondent to pass orders modifying Ext.P1, taking in to account Exts.P9 and P10. The orders to that effect shall be passed within eight weeks of production of a copy of this judgment. Necessarily, consequential benefits also will be released without any further delay. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg