IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25211 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. MANJULA E., AGED 44 YEARS, W/O.RADHAKRISHNAN, FULL TIME SANSKRIT TEACHER, KALLIASSERY SOUTH U.P SCHOOL, P.O. ANCHAMPEEDIKA, KANNUR DISTRICT. 2. ANITHA K.V, AGED 42 YEARS, W/O.SAMBATH KUMAR, FULL TIME URDU TEACHER, KALLIASSERY SOUTH U.P SCHOOL, P.O. ANCHAMPEEDIKA, 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 (E) DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR P.O., KANNUR 2. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY, P.O. PAPPINISSERI, KANNUR DISTRICT. 5. THE MANAGER, KALLIASSERY SOUTH U.P SCHOOL, P.O. ANCHAMPEEDIKA, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOR T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25211/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of August, 2009 J U D G M E N T The first petitioner was initially appointed as Full-time Sanskrit Teacher in Kalliassery South U.P.School with effect from 06/10/2003 to 19/12/2003 against a leave vacancy of Smt.T.T.Meenakshi prior to her regular appointment. Similarly, the second petitioner was first appointed as a Full-time Urdu Teacher during the period from 19/01/2004 to 23/03/2004 against the leave vacancy of Shri K.Ummer. The first petitioner was reappointed against regular vacancy with effect from 01/06/2007 against the retirement vacancy of Smt.T.T.Meenakshi who retired on 30/04/2007. Similarly, the second petitioner was also reappointed against the retirement vacancy of Shri K.Ummer who retired on 31/03/2007. These appointments have been approved only as Part-time by the Assistant Educational Officer. 2. The petitioners point out that going by Exts.P5, P5(a) to P5(c) orders, it can be seen that post of Sanskrit and Urdu posts were being sanctioned by diversion of 3 periods from Art and making 15 periods of work for the subject. But in the staff fixation order for the academic year 2007-08, it was reduced as Part-time. W.P.(C). No.25211/2009 -:2:- 3. Even though the Manager filed an appeal before the third respondent, that was rejected as per Ext.P7 and later the revision petition filed was also rejected as per Ext.P8. The petitioner has produced Exts.P11 and P12 orders passed by the Government in respect of certain schools whereby, revision petitions were allowed. Presently, petitioners have approached the Government by Exts.P13 and P13(a) seeking for similar orders in the matter. There will be a direction to the first respondent to take a decision on the revision petitions after hearing the petitioners and the Manager within four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE