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. 7484 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------- P.ABDU SALAM, AGED 47 YEARS, S/O.MAMMED, ARABIC TEACHER (FULL TIME) KALLIASSERI KANNAPURAM L.P.SCHOOL P.O.CHERUKUNNU, 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 DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY, P.O.PAPPINISSERY, KANNUR DISTRICT. BY SR. GOVERNMENT 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: Kss P.N.Ravindran, J. ================== W.P.(C) No.7484 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 the respondents. 2. The petitioner was appointed as Part-time Arabic teacher in the year 1994 as per Ext.P1 order dated 15.6.1994. The post of Part-time Arabic teacher was converted into full-time post in the year 1997 as per staff fixation order dated 7.8.1997. The petitioner was thereafter continuing as Full-time Arabic teacher. The post was again converted into a part-time post by Ext.P4 staff fixation order dated 14.7.2008 for the academic year 2008-2009. Aggrieved thereby, the Manager moved the Deputy Director of Education in appeal. That appeal was rejected as per Ext.P5 order 8.1.2009. The petitioner thereupon moved the Government in Extr.P8 revision petition relying on Ext.P6 staff fixation order issued in respect of another school and Ext.P7 Government order dated 9.12.1969. In this Writ Petition, the petitioner inter alia prays for a direction to the Government to consider Ext.P8 revision petition and pass WP(C) 7484/09 -: 2 :- orders thereon after notice to and affording the petitioner and the Manager an opportunity of being heard. 3. Rule 12F of Chapter XXIII of the Kerala Education Rules empowers the Government to revise orders relating to staff fixation. The post of Full-time Arabic teacher which the petitioner was occupying was converted into a part-time post by Ext.P4 staff fixation order for the academic year 2008-2009. The question whether having regard to the stand taken by the Government in Ext.P7 order and by the Assistant Educational Officer in Ext.P6 staff fixation order in respect of another school the request made by the petitioner in Ext.P8 can be entertained or not, is a matter for the Government to decide at least in the first instance. As the petitioner has invoked a remedy available to him under law, I am of the opinion that the Government should consider whether the request made by the petitioner in Ext.P8 merits acceptance. The academic year 2008-2009 has come to a close. It is therefore just and necessary that final orders are passed in the matter expeditiously. I accordingly dispose of this Writ Petition with a direction to the Government to consider the request made by the petitioner in Ext.P8 revision petition and pass orders thereon after notice to and affording the petitioner and the Manager of the school an opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a copy of this judgment. The petitioner shall in order to enable the Government to take a decision in the matter produce WP(C) 7484/09 -: 3 :- before the Secretary to Government, General Education Department, a copy of this Writ Petition along with a certified copy of this judgment. P.N.Ravindran, Judge. ess 8/4