IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 21516 of 2011(L) -------------------------- PETITIONER: --------------- K.BALAMANI, AGED 50 YEARS, W/O.MOHANDAS, FULL-TIME SANSKRIT TEACHER, SENIOR BASIC SCHOOL - MEETNA, SRIRAMAKRISHNA NAGAR.P.O., PALAPPURAM, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM -679 101. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD -678 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM -695 001. 4. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.21516/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER OF THE PETITIONER DT.11.11.96. EXT.P2: COPY OF APPOINTMENT ORDER OF THE PETITIONER DT.22.6.97. EXT.P3: COPY OF STAFF FIXATION ORDER FOR SENIOR BASIC SCHOOL, MEETNA FOR THE ACADEMIC YEAR 2000-01. EXT.P4: COPY OF COMMUNICATION DATED 21.12.04 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF JUDGMENT IN W.P.(C)NO. 33676/90 DT.21.5.10. EXT.P6: COPY OF ATTENDANCE REGISTER FOR THE MONTH OF JULY 1999 OF SENIOR BASIC SCHOOL, MEETNA, SRIRAMAKRISHNA NAGAR P.O., OTTAPALAM. EXT.P7: COPY OF STAFF ATTENDANCE REGISTER FOR THE MONTH OF MARCH, 2000 OF SENIOR BASIC SCHOOL, MEETNA, SRIRAMAKRISHNA NAGAR P.O., OTTAPALAM. EXT.P8: COPY OF REPRESENTATION DT.15.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P9: COPY OF REPRESENTATION DT.15.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21516 Of 2011 -------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Exhibit P9 representation. 2. This is a case where the petitioner was initially appointed as a Part Time Sanskrit Teacher on 9.9.1996 in the Senior Basic school, Meetna. The said appointment was approved as per Exhibit P1 order. She was later appointed in a permanent post with effect from 2.6.1997 which was also approved as per Exhibit P2 order. 3. It is pointed out that for the academic year 1999-2000, a full time post of Sanskrit teacher was allowable by diverting periods from Group 'C' subjects. Accordingly, the petitioner worked as full time Sanskrit teacher for the said academic year. But the full time status was granted to the petitioner only with effect from 15.7.2000 as evident from Exhibit P3 staff fixation order. 4. For the earlier period, namely, 15.7.1999 to 14.7.2000, W.P.(C)No.21516/11 -2- the petitioner was granted only part time benefits. This delayed the benefit of granting higher grade also by one year. Even though the petitioner moved the Government earlier, by Exhibit P4 communication it was informed that the benefit has already been granted to the petitioner. It is pointed out that the 4th respondent did not consider the matter after hearing the petitioner. It is pointed out that the question whether diversion of Group 'C' subjects is possible has not been considered and the petitioner relies upon Exhibit P5 judgment of this Court. 5. Various details have been projected in the Writ Petition. There will be a direction to the Government to take a decision on Exhibit P9 after hearing the petitioner and the Manager within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 4th respondent- Government for compliance. It is made clear that this Court has not expressed anything on the merits of the claim. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn