IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20847 of 2008(F) -------------------------- PETITIONER: ------------ SAHEERA P., W/O.ASHRAF, AGED 24 YEARS, (FULL-TIME URDU TEACHER THANNADA CENTRAL U.P.SCHOOL, P.O.CHALA EAST - 670 621, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 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, KANNUR, P.O. KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, P.O. KANNUR - 2. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20847 of 2008 F -------------------------------------- Dated this the 10th day of July, 2008. J U D G M E N T The petitioner was appointed as Full Time Urdu Teacher in Thannada Central U.P.School, against the retirement vacancy of one Shri K.Muhammed, with effect from 30.7.2006. The appointment was approved only as Part Time Urdu Teacher as per Ext.P1 appointment/approval order. It is stated that as per the staff fixation orders from 1978 to 1998, a Full Time Urdu Teacher post was granted and that status quo continues. The petitioner states that without hearing the Teacher or the Manager, the Full Time Urdu Teacher post was converted as Part Time Urdu Teacher post as per Ext.P1 order passed by the Assistant Educational Officer. The matter was taken up before the Director of Public Instruction, who passed Ext.P4 order dated 6.3.2008, confirming Ext.P1 order passed by the Assistant Educational Officer. The petitioner has filed Ext.P8 revision dated 14.2.2008 before the Government, challenging Ext.P4 order. Ext.P8 revision is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.20847/2008 2 “(a) call for the records relating to Exhibit P-4 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (b) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant full-time post of Urdu Teacher in Thannada Central U.P. School applying Exhibit P-3. (c) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P-8 after affording an opportunity of being heard to the Petitioner within a time limit. (d) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” WP(C) No.20847/2008 3 3. Learned counsel for the petitioner submits that for the time being the petitioner would be satisfied if relief No.(c) is granted, reserving the other reliefs to be raised at the appropriate stage. The learned Government Pleader submitted that Ext.P8 revision can be directed to be disposed of by the first respondent within a reasonable time. In the facts and circumstances of the case, the Writ Petition is disposed of on the following terms:- (i) The first respondent shall dispose of Ext.P8 revision filed by the petitioner, after affording an opportunity of being heard to the petitioner and the Manager. (ii) The petitioner shall be entitled to put forward and produce such other materials and facts before the first respondent. (iii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. K.T. SANKARAN, JUDGE. cks