IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18660 of 2009(B)
1. A.KARUNAKARAN, PHYSICAL EDUCATION
... Petitioner
2. M.MURALIDHARAN,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DEPUTY DIRECTOR OF EDUCATION,
5. THE DISTRICT EDUCATIONAL OFFICER,
6. THE DISTRICT EDUCATIONAL OFFICER,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/07/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.18660 of 2009-B
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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.)