IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 31665 of 2009(C) -------------------------- PETITIONER: --------------- MUHAMMED ASHRAF K.P., AGED 31 YEARS, S/O. ABDULLA, ERIAM VIDHYAMITHRAM U.P.SCHOOL, P.O.ERIAM, MADAYI SUB DISTRICT, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, MADAYI, P.O.PAYANGADI, KANNUR DISTRICT. 4. THE MANAGER, ERIAM VIDHAMITHRAM U.P.SCHOOL, P.O.ERIAM, KANNUR DISTRICT. BY SR. GOVT. PLEADER SRI. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 31665 of 2009 -------------------------- Dated this the 12th November,2009 J U D G M E N T Petitioner herein was appointed as full-time L.G Urdu Teacher in a retirement vacancy as per Ext.P1 in the school managed by the 4th respondent Manager. A vacancy arose due to the retirement of Sri.A.Marakkar and in the staff fixation order in the year 2007-08 it is recorded that the said teacher had been granted full time benefit. The post was thereafter converted as a part- time one and the same is evidenced by Ext.P4 staff fixation order for the year 2007-08. Petitioner has filed a revision petition before the Government challenging the same, as per Ext.P5. 2. Petitioner is relying upon various orders like Ext.P7 to P10 in the matter to show that the staff fixation order suffers from various infirmities. 3. Learned Government Pleader, on instructions, submitted that Ext.P5 has been received and report has been called for from the Director of Public Instruction. W.P ( C) No. 31665 of 2009 2 4. Therefore, there will be a direction to the 1st respondent to take a decision on Ext.P5, after hearing the petitioner and the 4th respondent, within a period of three months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the writ petition along with copy of this judgment before the 1st respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 31665 of 2009 3 W.P ( C) No. 31665 of 2009 4