IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18660 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. A.KARUNAKARAN, PHYSICAL EDUCATION TEACHER-PART TIME, PERALAM U.P.SCHOOL, KOZHUMMAL P.O., KARIVELLUR VIA., KANNUR DISTRICT. 2. M.MURALIDHARAN, PHYSICAL EDUCATION TEACHER-PART TIME, KUTHUPARAMBA U.P.SCHOOL, KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 5. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 6. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18660 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009. JUDGMENT The petitioners herein are working as Physical Education Teachers ( Part-time) in Peralam U.P. School and Kuthuparamba U.P. School, in Kannur District. The first petitioner entered service on 19.1.1984 and the second petitioner entered service on 1.6.1989. The petitioners were parties to O.P.No.32664/2001 which was disposed of by Ext.P2 judgment, directing them to submit representation before the Government and the Government was directed to pass appropriate orders. The representation filed was rejected by the Government as per Ext.P4. The said order was challenged by certain persons except the petitioners herein, in Writ Petition No.34191/2006. This court directed the Government to pass fresh orders in the matter and by Ext.P5, the Government passed orders in their favour. The Government directed that existing part-time posts of Physical Education Teacher in the schools mentioned in the Annexure to the said order shall be abolished and supernumerary Full Time posts of Physical Education Teachers shall be created in the schools with prospective effect, i.e. from the date of the Government Order, to accommodate the existing part-time Physical Education Teachers, subject to the condition that the wpc 18660/2009 2 same should not be treated as a precedent. 2. The petitioners submit that in their case no orders have been passed by the Government. The petitioners are relying upon Exts.P6 and P7 in respect of two Physical Education Teachers in Ponnium U.P. School and Kuzhunna U.P. School. 3. Seeking for a similar benefit, the petitioners have approached the Government by Exts.P10 and P11. The petitioners have filed this writ petition seeking for a direction to the Government to consider and pass orders on Exts.P10 and P11 within a time frame. 4. It is evident from the pleadings that the Government has passed Exts.P5, P6 and P7 orders in respect of similarly placed persons. The petitioners were also parties to the earlier writ petition along with the beneficiaries of Ext.P5. In the light of the above, the Government will pass orders on Exts.P10 and P11 in accordance with law, within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioners and the managers of the respective schools. The petitioners will produce a copy of the writ petition along with a copy of this judgment before the Government for compliance. The writ petition is disposed of as above. No costs. (T.R.Ramachandran Nair, Judge.)