IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 30775 of 2010(V) -------------------------- PETITIONER(S): --------------- SISTER JESSY JOSEPH,D/O.M.V.JOSEPH, AGED 39 YEARS,FULL TIME SANSKRIT TEACHER, VAYATHUR A.U.P.SCHOOL,ULIKKAL PO, ULIKKAL, 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,THIRUVANANTHAPURAM 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, PO TALIPARAMBA, KANNUR DISTRICT 670 141. 4. THE ASSISTANT EDUCATIONAL OFFICER, IRIKKUR PO, IRIKKUR 670 593, KANNUR DISTRICT. 5. THE MANAGER, CORPORATE EDUCATIONAL AGENCY,ARCHDIOCESE OF THALASSERY, PO TELLICHERRY 670 101, KANNUR DISTRICT. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF APPOINTMENT ORDER DTD.14.6.2007 EXT.P2:- COPY OF STAFF FIXATION ORDER 06-07 EXT.P2(a):- COPY OF STAFF FIXATION ORDER 07-08 EXT.P3:- COPY OF THE REVISION EXT.P4:- COPY OF TIME TABLE PREPARED BY HM EXT.P5:- COPY OF STAFF FIXATION ORDER 07-08 DTD 13.7.07 EXT.P5(a):- COPY OF STAFF FIXATION ORDER 08-09 DTD.15.7.08 EXT.P6:- COPY OF GO OF THE GOVERNMENT DTD.13.11.2000 EXT.P7:- COPY OF REVISION PETITION FILED BEFORE GOVERNMENT DTD.17.9.10 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30775 OF 2010 ------------------------------ Dated this the 19th day of October, 2010 JUDGMENT The case of the petitioner is the following: The petitioner was appointed as full-time Sanskrit teacher with effect from 14.6.2007 in St.Joseph's UP School, Pulikurumba, against the transfer vacancy of Minimol Joseph. The full time post of Sanskrit was created in Pulikurumba school by way of Group 'C' diversion, as per Ext.P2 staff fixation order. As per Ext.P2(a) staff fixation order for the year 2007-08, the post of full time Sanskrit in Pulikurumba school was converted as part-time, on account of the transfer of the teacher working in that school. Challenging Ext.P2(a) order, the petitioner filed Ext.P3 revision before the Director of Public Instruction. It is stated that Ext.P3 revision was not disposed of. W.P.(C).No.30775 OF 2010 2 2. The petitioner was transferred and posted as Sanskrit teacher in Vayathur A.U.P school, Ulikkal under the same educational agency, with effect from 2.6.2008, against the retirement vacancy of P.A.Rosamma. It is stated that the petitioner was working as full time Sanskrit teacher in Vayathur A.U.P.School since 2.6.2008 without interruption. The full time post of Sanskrit was created in Vayathur A.U.P. School by way of Group 'C' diversion, as evidenced by Ext.P5 staff fixation order. The grievance of the petitioner is that without notice to her and without hearing the affected parties, the Assistant Educational Officer reduced the full time Sanskrit post as part time, as per Ext.P5(a) staff fixation order for the year 2008-09 in respect of Vayathur A.U.P School. The petitioner contends that more than requisite number of pupils have been studying Sanskrit in St.Joseph UP School, Pulikurumba and Vayathur A.U.P School and there was no justification for converting the full time post of Sanskrit as part time. Contending that the full time post of Sanskrit W.P.(C).No.30775 OF 2010 3 should be restored in both the schools, the petitioner submitted Ext.P7 revision dated 17.9.2010 before the Government. Ext.P7 revision is pending disposal. The learned Government Pleader submitted that the Manager filed a revision before the Director of Public Instruction against Ext.P2(a) staff fixation order for the year 2007-08 at St.Joseph UP School, Pulikurumba and that revision was rejected by the Director of Public Instruction as per the order dated 7.6.2010. The Director of Public Instruction took the view that only a part time post of Sanskrit could be allowed in the school. 3. Since Ext.P7 revision is pending before the Government, where all the contentions raised by the parties could be adjudicated upon by the Government, I do not think it is necessary to consider the Writ Petition on the merits, in respect of the question as to whether the full time post of Sanskrit should be retained in the two schools mentioned above. One of the reliefs prayed W.P.(C).No.30775 OF 2010 4 for by the petitioner in the Writ Petition is to issue a direction to the first respondent to consider and dispose of Ext.P7 revision. It is submitted by the learned counsel for the petitioner that for the time being, a direction for disposal of Ext.P7 revision would be sufficient, keeping open the contentions of the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P7 revision, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. W.P.(C).No.30775 OF 2010 5 b) The petitioner shall produce a certified copy of the judgment and a copy of the Writ Petition before the first respondent. c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the 5th respondent Manager by registered post and she shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms