IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 18722 of 2010(M) PETITIONER : D.BEEBA, PART TIME URUDU TEACHER, SABARI VLNM U P SCHOOL, VILAYANCHATHANOOR, VILAYANOR P.O., PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: 1. THE MANAGER, SABARI VLNM U P SCHOOL, VILAYANCHATHANOOR, VILAYANOR P.O., PALAKKAD-679 309. 2. THE ASSISTANT EDUCATIONAL OFFICER, COYALMANNAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. ADDL.R5 IMPLEADED: 5. THE DIRECTOR OF PUBLIC INSTUCTIONS, THIRUVANANTHAPURAM. ADDITIONAL R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 13.9.2010. R2 TO R5 BY GOVERNMENT PLEADER MS.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 18722 OF 2010 M ------------------------------------------------------ Dated this the 13th day of September, 2010 JUDGMENT The case of the petitioner is the following: The petitioner was appointed as Part Time Urdu Teacher with effect from 1.6.2009 in Sabari VLNM U.P.School, Vilayanchathanoor, Palakkad District against the retirement vacancy of one A.Sudevan who was holding the post of Part Time Urdu Teacher with full time benefits, on being granted the benefit by Group 'C' diversion. The appointment was approved by the Assistant Educational Officer. There are twelve periods for Urdu in a week. The School has one Craft Teacher in Group 'C' post with full time status. However, the other Group 'C' posts, namely, PET, Music and Drawing are lying vacant. Ext.P2 is the staff fixation order for the year 2008-09. The petitioner relies on G.O.(Rt)5014/68/Edn. dated 8.11.1968 (Ext.P3) and G.O.(MS). 129/78/G.Edn. dated 19.9.1978 (Ext.P4). As per Ext.P4, the benefit granted to Part Time Arabic Teachers has been extended to Urdu Teachers also. The Government thereafter issued G.O.(Rt) 3460/85/G.Edn. dated 17.9.1985 (Ext.P5) clarifying the matter, W.P.(C) NO.18722 OF 2010 :: 2 :: submits the petitioner. The matter was further clarified as per Exts.P6 and P7 letters. As per G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000 (Ext.P7(a)), it was further clarified that the posts created by virtue of Group 'C' diversion cannot be treated as protected and such full time posts cannot be converted into part time posts. It is also stated in Ext.P7(a) that if any educational officer has already proceeded with staff fixation and issued irregular orders, he shall review such orders in accordance with the Government Order. The petitioner states that there is no teacher in the School who is availing the benefit of Group 'C' diversion and that the petitioner is entitled to get the periods attached to Drawing, Music and PET so as to make the part time post as full time post. The petitioner also relies on Ext.P8 judgment in W.P.(C) No.18975 of 2007, wherein a direction was issued to the Manager to make the proposal to grant full time status to a Part Time Sanskrit Teacher and directed the Assistant Educational Officer to consider and pass orders. Detailing the above facts, the petitioner submitted Ext.P9 representation dated 9.3.2010 to the Manager of the School. 2. The reliefs prayed for in the Writ Petition are the following: W.P.(C) NO.18722 OF 2010 :: 3 :: “(i) Writ in the nature of mandamus commanding the first respondent to forward the Ext.P9 representation to the second respondent with due recommendations and authentication of the facts enumerated therein. (ii) Writ in the nature of mandamus commanding the second respondent to consider and pass orders on Ext.P9 representation seeking full time status by Group C diversion taking into account the Government orders at Ext.P3 to P7(a) and P8 judgment. (iii) Writ in the nature of mandamus commanding the second respondent to grant the benefit of full time status to the petitioner in the post of L.G.Urdu with effect from Ext.P1 and grant such other consequential benefits. (iv) Declare that the petitioner is entitled to be conferred with the full time status in the post of L.G.Urdu with effect from the date of Ext.P1 in the light of Ext.P3 to P7(a) orders and judgment at Ext.P8. and W.P.(C) NO.18722 OF 2010 :: 4 :: (v) Issue such other appropriate writ or order or direction as deemed fit and proper by this Honourable Court on the facts and circumstances of the case.” 3. The learned Government Pleader submitted that Ext.P9 representation was forwarded by the Manager to the Assistant Educational Officer. The Assistant Educational Officer returned Ext.P9 to the Manager stating that staff fixation was already made and therefore, the higher authority is to be approached. 4. In the light of the submissions made by the learned Government Pleader, the learned counsel for the petitioner submitted that the petitioner may be permitted to file a revision to the Director of Public Instructions under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules pointing out all the relevant facts and there may be a direction to the Director of Public Instructions to dispose of the revision. The counsel also relies on the decisions in B.V.R.Kutty Menon v. State of Kerala (2002(2) KLT 73). In the facts and circumstances of the case and in the light of W.P.(C) NO.18722 OF 2010 :: 5 :: the submissions made by the learned Government Pleader, the Writ Petition is disposed of as follows: (1) The petitioner is permitted to file a revision under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules to the Director of Public Instructions within a period of three weeks from the date of receipt of a copy of the judgment. (2) On such revision being filed, the Director of Public Instructions shall dispose of the revision, after affording an opportunity of being heard to the petitioner and the Manager, as expeditiously as possible and, at any rate, within a period of two months thereafter. (3) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instructions. (K.T.SANKARAN) Judge ahz/