IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6724 of 2009(I) ------------------------- PETITIONER(S): --------------- RANJINI KALLULLAKANDY, AGED 38 YEARS, W/O.RAJENDRAN, FULL-TIME HINDI TEACHER, KADALAYI SOUTH U.P.SCHOOL, P.O.KADALAYI, KANNUR-7. 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, P.O. KANNUR-2. 5. THE MANAGER, KADALAYI SOUTH U.P.SCHOOL, P.O.KADALAYI, KANNUR-7. BY GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C).No.6724 of 2009 - I ----------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel for the petitioner and Sri.A.J.Varghese, the learned Government Pleader for the respondents 1 to 4. In the nature of order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner was appointed as Hindi Teacher by Ext.P1 appointment order dated 4.6.2007 issued by the fifth respondent-Manager in a retirement vacancy that arose on 1.4.2007. The said appointment was approved by the Assistant Educational Officer, Kannur North as full time language Teacher with effect from 4.6.2007 onwards. In the staff fixation order for the subsequent academic year 2008-09, the post of full time Hindi Teacher was converted into a part time post. Aggrieved by Ext.P2 staff fixation order to the extent it converts the post of full time Hindi Teacher to part time Hindi Teacher, the Manager filed Ext.P3 appeal before the Deputy Director of Education, Kannur. By Ext.P4 order passed on 9.1.2009, the Deputy Director of W.P.(C).No.6724 of 2009 - I 2 Education, Kannur rejected the appeal. The petitioner thereupon filed Ext.P7 revision petition before the Secretary to Government, General Education Department, styling it as a petition filed under Rule 92 of Chapter XIV-A of the KER. In this writ petition, the petitioner inter alia seeks a direction to the Government to consider the revision petition and pass orders thereon. 3. Sri.V.A.Muhammed, the learned counsel appearing for the petitioner submits that though Ext.P7 is styled as a revision petition filed under Rule 92 of Chapter XIV-A of the KER, in effect and substance it is a petition under Rule 12F of Chapter XXIII of the KER. The learned counsel submits relying on the decision of the Honourable the Supreme Court in M/s. Pepsi Foods Ltd. and Another v. Special Judicial Magistrate and Others (AIR 1998 SC 128) that it is not the form but the substance that matters and that if the Government has jurisdiction, the mere quoting of a wrong provision cannot take away the jurisdiction of the Government to entertain Ext.P7 revision petition and pass orders thereon. 4. Rule 12F of Chapter XXIII of the KER confers on the Government the power to revise orders of staff fixation. Ext.P7 W.P.(C).No.6724 of 2009 - I 3 revision petition is therefore maintainable before the Government. The Government is therefore bound to entertain the same and pass orders thereon. Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4 submits that Ext.P7 being a statutory revision, the Secretary to Government will consider the same and pass orders thereon. 5. In these circumstances, I dispose of this writ petition with a direction to the Secretary to Government, General Education Department, to consider Ext.P7 revision petition as one filed under Rule 12F of Chapter XXIII of the KER and pass orders thereon after notice to and affording the petitioner and the fifth respondent an opportunity of being heard. Final orders on Ext.P7 shall be passed within four months from the date of receipt of a certified copy of this judgment. The Secretary to Government shall, while passing orders in the matter, have due regard to Ext.P5 and other Government orders governing the field. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. bkn/-