High Court Kerala High Court

Binu C.S.Lg Sanskrit Teacher Part … vs State Of Kerala Represented By The on 11 August, 2008

Kerala High Court
Binu C.S.Lg Sanskrit Teacher Part … vs State Of Kerala Represented By The on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24135 of 2008(W)


1. BINU C.S.LG SANSKRIT TEACHER PART TIME,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE ASSISTANT EDUCATIONAL OFFICER,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE DIRECTOR OF PUBLIC INSTRUCTION,

5. THE MANAGER, K.V.K.V.M.U.P.S.,

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :11/08/2008

 O R D E R
                                   K.T. SANKARAN,J.

                             --------------------------------------
                            W.P.(C) No.24135 of 2008 W
                             --------------------------------------
                      Dated this the 11th day of August, 2008.

                                    J U D G M E N T

The petitioner is working as Lower Grade Sanskrit Teacher (Part

Time) in the fifth respondent’s school. According to the petitioner, he was

appointed as Part Time Lower Grade Sanskrit Teacher with effect from 4.6.2007

onwards against the retirement vacancy of Smt. B.Suseela. The Manager

forwarded the proposal for appointment to the Assistant Educational Officer for

approval. The Assistant Educational Officer rejected the appointment of the

petitioner for the reason that the school is a newly opened one and the vacancy

was to be filled up by appointing a protected teacher. On appeal, the District

Educational Officer rejected the appeal confirming the order passed by the

Assistant Educational Officer. The Manager preferred a revision to the Director

of Public Instruction who disposed of the revision as per Ext.P2 order dated

26.5.2008. The Director of Public Instruction held in Ext.P2 as follows:-

“The revision petition has

been examined in detail in consultation with

the Assistant Educational Officer and the

rules now in force. As per GO(P)46/06/GEdn.

Dt.1.2.2006 the appeal can be allowed on

daily wages since there is no protected

teacher for deployment as reported by the

Deputy Director of Education, Kollam.

WP(C) No.24135/2008

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In the circumstances the

revision petition preferred by the manager is

allowed and the Assistant Educational

Officer, Karunagappally is directed to approve

the appointment of Sri.Binu.C.S. as Junior

Sanskrit Teacher with effect from 4.6.2007

onwards on daily wages, if it is otherwise in

order.”

2. The contention of the petitioner is that the reason

stated in Ext.P2 order for rejecting the approval is not sustainable as per the

existing rules. It is stated that there was no existing protected Lower Grade

Sanskrit Teacher (Part Time) and, therefore, there was no impediment in

approving the appointment of the petitioner. Challenging Ext.P2 order the

petitioner has filed a statutory revision petition dated 21.7.2008 (Ext.P4) before

the first respondent. Ext.P4 is pending disposal.

3. The reliefs prayed for in the Writ Petition are the

following:-

“I. Call for the records

leading to Ext.P2 and quash the same by

issuing a writ of certiorari

II. Issue a writ, of

mandamus or other writ order or direction to

the 1st respondent to consider and pass orders

WP(C) No.24135/2008

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on Ext.P4 revision petition after hearing the

petitioner and pass necessary orders granting

approval of the appointment made by the 5th

respondent.

III. Issue a writ, order or

direction to the 1st respondent to declare the

petitioner’s appointment is a regular

appointment.

iv. to grant such other and

further relief which this Hon’ble Court just and

for in the circumstances of the case.”

4. In view of the pendency of Ext.P4 revision, the only

relief to which the petitioner is entitled to, for the present, is to direct the first

respondent to dispose of Ext.P4 revision.

5. In the manner in which I propose to dispose of the

Writ Petition, I do not think it is necessary to issue notice to the fifth respondent.

Learned Government Pleader took notice for respondents 1 to 4.

In the facts and circumstances of the case, the Writ Petition

is disposed of as follows:-

WP(C) No.24135/2008

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(1) The first respondent shall consider and dispose of

Ext.P4 revision dated 21.7.2008 filed by the petitioner, 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 the Manager.

(2) The petitioner shall produce certified copy of the

judgment and a copy of the Writ Petition before the first respondent. It is made

clear that the petitioner is entitled to produce such other materials and

documents before the first respondent in support of his contentions.

(3) The petitioner shall send a copy of the judgment to

the fifth respondent by registered post and shall produce proof of the same

before the first respondent.

K.T. SANKARAN,
JUDGE.

cks

WP(C) No.24135/2008

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