IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 35217 of 2010(B) PETITIONER: --------------- K.O.SUJITH SABARI, S/O.K.K.BALA BHASKARAN, AGED 35 YEARS, FULL-TIME SANSKRIT TEACHER, KEEZHATHUR U.P.SCHOOL, P.O.PATHIRIYAD, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE ASSISTANT EDUCATIONAL OFFICER, TELLICHERRY NORTH, P.O.TELLICHERRY-670 101, KANNUR DISTRICT. 4. THE MANAGER, KEEZHATHUR U.P.SCHOOL, P.O.PATHIRIYAD, KANNUR DISTRICT-673507. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 35217 OF 2010 B ------------------------------------------------------ Dated this the 3rd day of December, 2010 JUDGMENT The petitioner was appointed as Full Time Sanskrit Teacher in Keezhathur U.P.School against a retirement vacancy, with effect from 2.6.2008. The appointment was approved only as Part Time Sanskrit Teacher, by the Assistant Educational Officer. It is stated that the post of Sanskrit Teacher was created by group 'C' diversion. Ext.P2 staff fixation order for the academic year 2007-08 evidences this. The petitioner relied on the Government Order, G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000, to contend that once a full time post is created by group 'C' diversion, later it cannot be converted into a part time post. Against the staff fixation order, the Manager filed Ext.P4 Revision dated 26.6.2009, under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules, before the Director of Public Instruction. It is stated that Ext.P4 Revision is not disputed of. Since Ext.P4 was not disposed of, the petitioner filed Ext.P6 Revision dated 28.10.2010 before the Government under Rule 92 of W.P.(C) NO.35217 OF 2010 :: 2 :: Chapter XIV-A of the Kerala Education Rules. Ext.P6 is pending disposal. 2. Learned counsel for the petitioner submitted that it would be sufficient, for the time being, to issue a direction to the first respondent to consider and dispose of Ext.P6 Revision expeditiously. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P6 Revision filed by the petitioner, 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. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall also send a copy of the Writ Petition W.P.(C) NO.35217 OF 2010 :: 3 :: and copy of the judgment to the fourth respondent Manager by registered post and he shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/