IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10070 of 2009(C) --------------------------------------- PETITIONER(S): ----------------------- K.M.LEENA, AGED 30 YEARS, W/O.MADHUSOODHANAN, FULL-TIME SANSKRIT TEACHER, PATTANNUR U.P.SCHOOL, P.O.PATTANNUR, KANNUR DISTRICT. BY ADVS.MR.V.A.MUHAMMED MR.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 ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, P.O.MATTANNUR, KANNUR DISTRICT. 4. THE MANAGER, PATTANNUR U.P.SCHOOL, P.O.PATTANNUR, KANNUR DISTRICT. SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.10070 of 2009 ===================== Dated this the 30th day of March, 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 Part-time Sanskrit teacher with effect from 5.6.2006 by Ext.P1 appointment order in the retirement vacancy of Smt. K.P.Kamalakshi, who retired from service on 30.6.2004. Initially the post sanctioned was that of Full-time Sanskrit teacher. In the year 2004, the post was converted into a Part-time post. The petitioner has moved the Government in Ext.P8 revision petition requesting that a post of Full-time Sanskrit teacher may be sanctioned with effect from 5.6.2006. The petitioner has in Ext.P8 revision petition relied on Exts.P4, P5 and P6 Government orders and Ext.P7 order passed by the Director of Public Instruction to contend that a post of Full-time Sanskrit teacher can be sanctioned in the school by diverting periods from group 'C' subjects. 3. The question whether the request made by the petitioner in Ext.P8 revision petition can be granted or not is a matter for the Government to decide. Though Ext.P8 is described as a revision petition WP(C) 10070/09 -: 2 :- filed under Rule 92 of Chapter XIV A of the Kerala Education Rules, hereinafter referred to as the “KER” for short, the Government is empowered under Rule 12F of Chapter XXIII of the KER to revise staff fixation orders. In that view of the matter notwithstanding the fact that the petitioner has styled Ext.P8 as a revision Petition under Rule 92 of the KER, I am of the opinion that the Government have the jurisdiction to entertain Ext.P8 and pass orders thereon. 4. In these circumstances, I dispose of this Writ Petition with a direction to the Government to consider the request made by the petitioner in Ext.P8 and pass orders thereon after affording the petitioner and the fourth respondent Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of this judgment. The petitioner shall in order to enable the Government to decide the matter, produce a copy of this Writ Petition along with a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.Ravindran, Judge. ess