IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27178 of 2008(I) -------------------------- PETITIONER: ------------ N. RAMACHANDRAN, JUNIOR LANGUAGE TEACHER (SANSKRIT), PILATHARA U.P. SCHOOL, P.O. PILATHARA, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. ASSISTANT EDUCATION OFFICER, MADAI. BY GOVT. PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.27178 of 2008 I -------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T In the Writ Petition, the petitioner has stated the following facts:- He was appointed as Full Time Sanskrit Teacher, Pilathara U.P. School, with effect from 4.6.2007 against the retirement vacancy of Shri S.P.Sankaran Namboodiri who was working as Full Time Sanskrit Teacher in the school. However, the Assistant Educational Officer sanctioned only a part time post on the basis of the letter dated 24.5.2007 issued by the Director of Public Instruction. Challenging the order passed by the Assistant Educational Officer, the petitioner approached the Deputy Director of Education who passed Ext.P2 order dated 11.12.2007. Ext.P2 order was challenged by filing Ext.P3 revision dated 15.1.2008 before the Director of Public Instruction. Ext.P3 revision was rejected as per Ext.P4 order dated 21.4.2008. Challenging Ext.P4 order, the petitioner filed Ext.P7 revision dated 19.5.2008, under Rule 92 of Chapter XIVA of the Kerala Education Rules before the Government. In Ext.P7 revision, the petitioner relies on Exts.P5 and P6 Government Orders. Ext.P7 revision is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.27178/2008 2 “i) to issue a writ of certiorari quashing Ext.P1, P2 and P4 as illegal, unjust, arbitrary ad unsustainable; ii) to issue a writ of mandamus directing the respondents to approve the petitioner as full time Sanskrit Teacher in Pilathara U.P. School with effect from 4.6.2007 and to grant him all consequential benefits including arrears of salary; iii) to issue a writ of mandamus directing the 1st respondent to take a decision in Ext.P7 in the light of Ext.P5 and in the light of the Government orders and circulars stated therein and also in the light of Ext.P6 within a time frame to be fixed by this Hon'ble Court. iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.” 3. The learned counsel for the petitioner submits that, for the present, the petitioner would press only relief No.'iii' with liberty to raise the other contentions at the appropriate stage. WP(C) No.27178/2008 3 In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The first respondent shall consider Ext.P7 revision in accordance with law and in the light of the binding precedents and Government Orders, as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner and any other person who is likely to be affected. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T. SANKARAN, JUDGE. cks