IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 31329 of 2010(M) -------------------------- PETITIONER(S): --------------- SHEMINA P.C., W/O.JYOTHISH, AGED 28 YEARS, FULL-TIME SANSKRIT TEACHER, MUZHAPPILANGAD SOUTH U.P.SCHOOL, P.O.MUZHAPPILANGAD, 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 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR SOUTH, P.O.CHAKKARAKKAL-670 003, KANNUR DISTRICT. 4. THE MANAGER, MUZHAPPILANGAD SOUTH U.P. SCHOOL, P.O.MUZHAPPILANGAD- 670 662, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31329 of 2010 --------------------------------------------- Dated this the 21st day of October, 2010 JUDGMENT The petitioner was appointed as Full Time Sanskrit Teacher on 1.6.2010, as per Exhibit P1 order of appointment, in the retirement vacancy of Smt.C.Pankajakshi, who retired on 31.3.2010. It is stated that C.Pankajakshi was working as Full Time Sanskrit Teacher, full time post of Sanskrit having been created by way of Group C diversion. In the Staff Fixation Order for 2009-2010, the Group C diversion was made as evidenced by Exhibit P3 Staff Fixation Order. 2. As per Exhibit P2 Staff Fixation Order for the academic year 2010-2011, which was made after the appointment of the petitioner, the full time post of Sanskrit sanctioned by Group C diversion was converted into part time. It is stated that such conversion as part time was made on account of the retirement of Smt.Pankajakshi. According to the petitioner, conversion of the full time post of Sanskrit into part WPC No.31329/2010 2 time, as made in Exhibit P2 is contrary to G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000 (Exhibit P4). 3. Challenging Exhibit P2 Staff Fixation Order, the petitioner filed Exhibit P7 revision under Rule 12E (3) of Chapter XXIII of the Kerala Education Rules. Exhibit P7 is pending disposal before the Director of Public Instruction. 4. The learned counsel for the petitioner submitted that in the facts and circumstances of the case, it would be sufficient, for the time being, to issue a direction to the Director of Public Instruction to consider and dispose of Exhibit P7, expeditiously. In the facts and circumstances, the Writ Petition is disposed of as follows : (a) The Director of Public Instruction shall consider and dispose of Exhibit P7 revision filed by the petitioner, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity WPC No.31329/2010 3 of being heard to the petitioner and the Manager. (b) The petitioner shall produce a copy of the Writ Petition, I.A.No.14703 of 2010 and certified copy of the judgment before the Director of Public Instruction. (c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fourth respondent Manager by registered post and she shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN JUDGE csl