IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30940 of 2011(N) ---------------------------------------- PETITIONER(S): ----------------------- BINDU N.V., WIFE OF BHASKARAN, AGED 40 YEARS,FULL-TIME SANSKRIT TEACHER, THIRUVANGOOR U.P. SCHOOL, P.O.THIRUVANGOOR, KOZHIKODE 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, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-PIN-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT-PIN-673 020. 4. THE ASSISTANT EDUCATIONAL OFFICER, QUILANDY, KOZHIKODE DISTRICT-PIN-673 305. 5. THE MANAGER, THIRUVANGOOR UPPER PRIMARY SCHOOL, P.O.THIRUVANGOOR, KOZHIKODE DISTRICT-PIN-673 318. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30940/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER, DATED 01/06/2010. EXT.P2 TRUE COPY OF THE ORDER NO. D.DIS 23474/78/G2 OF THE REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTION KOZHIKODE.DATED 21/08/1978. EXT.P3 TRUE COPY OF THE PROCEEDINGS ORDER OF THE MANAGER. DATED 15/07/2010 EXT.P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 15/07/2010 EXT.P5 TRUE COPY OF THE ORDER NO. K.DIS.F.2455/2011 OF THE 4TH RESPONDENT.DATED 20/08/2011 EXT.P6 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS.5772/86(C) OF THE 4TH RESPONDENT. DATED 21/07/1986. EXT.P7 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS.C-5211/87 OF THE 4TH RESPONDENT. DATED 05/08/1987. EXT.P8 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.C5114/88 OF THE 4TH RESPONDENT.DATED 14/07/1988. EXT.P9 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS.4640/89 OF THE 4TH RESPONDENT. DATED 13/07/1989. EXT.P10 TRUE COPY OF THE G.O.(MS)NO.371/2000/G.EDN. OF THE GOVERNMENT.DATED 13/11/2000. EXT.P11 TRUE COPY OF THE ORDER NO. L.DIS.B3-829/10 OF THE DEPUTY DIRECTOR. DATED 08/04/2010. EXT.P12 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT. DATED 07/07/2011. EXT.P13 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT. DATED 07/07/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30940/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of November, 2011 J U D G M E N T Ext.P12 is a revision petition filed by the petitioner before the Director of Public Instruction wherein the main relief sought for is to restore the Full Time post of Sanskrit and to approve the promotion of the petitioner as Full Time Sanskrit Teacher with effect from 15/07/2010. 2. The service particulars of the petitioner show that she was first appointed as a part-time Sanskrit Teacher in Thiruvangoor Upper Primary School with effect from 01/06/2010 against a retirement vacancy of one Smt.M.Rugmini, who retired on 31/03/2010 as a Full- time Sanskrit Teacher. Ext.P1 shows that the appointment was approved as Part-time Teacher and, salary was being paid accordingly. 3. It is submitted by the learned counsel for the petitioner that Full-time Sanskrit Teacher post was sanctioned by way of Group 'C' diversion as per the order of the Regional Deputy Director of Public W.P.(C). No.30940/2011 -:2:- Instruction, Kozhikode (as per Ext.P2) and, after the retirement of Smt.M.Rugmini, the said post was reduced to Part-time as per the order of the Assistant Educational Officer, Quilandy. This is the factual basis on which she seeks interference by the Director of Public Instruction. 4. Heard the learned Government Pleader for respondent Nos.1 to 4. 5. There will be a direction to the Director of Public Instruction to take a decision on Ext.P12 after notice to the petitioner and the Manager within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms