IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11642 of 2009(A) ----------------------------------------- PETITIONER(S): -------------------- T.E. RADHAMANI, AGED 31 YEARS, W/O.DAMODARAN, FULL-TIME SANSKRIT TEACHER, KUTTIYATTOOR AUP SCHOOL, P.O.KUTTIYATTOOR, KANNUR DISTRICT. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSRUCTIONS, JAGATHY,THIRUVANANTHAPURAM-14. 3. THE ASSITANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH P.O., TALIPARAMBA, KANNUR DISTRICT. 4. THE MANAGER, KUTTIYATTOOR AUP SCHOOL, P.O.KUTTIYATTOOR, KANNUR DISTRICT. SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11642 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner was appointed as a Full time Sanskrit teacher in the fourth respondent's school by Ext.P1 appointment order dated 2.6.2008. The appointment was against a retirement vacancy. The Assistant Educational Officer, Taliparamba however approved the said appointment only as a Part time teacher. Aggrieved by the approval granted only as a Part time teacher, the petitioner has filed Ext.P5 revision petition before the Director of Public Instruction under Rule 8(A) of Chapter XIV A of the Kerala Education Rules. In this writ petition the petitioner inter alia prays for expeditious orders on Ext.P5 revision petition. 3. The question whether the Assistant Educational Officer was right in approving the appointment of the petitioner only as Part time teacher is primarily a matter to be decided by the Director of Public WP(C).No.11642/2009 2 Instruction. Rule 8(A) of Chapter XIV A of the K.E.R. empowers the Director of Public Instruction to revise orders relating to approval of appointments. The petitioner was appointed on 2.6.2008 and approval of that appointment was granted on 17.1.2009. Though the appointment of the petitioner was as a Full time teacher, the approval was granted only as a Part time teacher. Since the petitioner has invoked a remedy available to him in law, I am of the opinion that the Director of Public Instruction should pass expeditious orders on Ext.P5 revision petition. I accordingly dispose of this writ petition with a direction to the Director of Public Instruction to consider Ext.P5 revision petition and pass orders thereon after affording the petitioner and the fourth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the dte on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment. The Director of Public Instruction after orders are passed as directed above, communicate copies thereof to the petitioner and the Manager. P.N.RAVINDRAN Judge TKS