High Court Kerala High Court

Bindu K vs The State Of Kerala on 29 September, 2010

Kerala High Court
Bindu K vs The State Of Kerala on 29 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28338 of 2010(N)


1. BINDU K, W/O.PRAKASH, AGED 36 YEARS
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF PUBLIC INSTRUCTION

3. THE DEPUTY DIRECTOR OF EDUCATION

4. THE ASSISTANT EDUCATIONAL OFFICER

5. THE MANAGER

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

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

 Dated :29/09/2010

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                 W.P.(C). NO. 28338 OF 2010 N
            ------------------------------------------------------
          Dated this the 29th day of September, 2010


                               JUDGMENT

The petitioner was appointed as full time Sanskrit Teacher on

1.6.2007 in Edacherry North U.P.School, Post Edacherry North,

Kozhikode District, in the retirement vacancy of one K.Kumaran who

retired on 31.3.2007. The appointment of the petitioner was

approved only as part time Sanskrit Teacher as per Ext.P1 order

passed by the Assistant Educational Officer. Aggrieved by that

order, the Manager filed appeal to the Deputy Director of Education,

who confirmed the order passed by the Assistant Educational

Officer, as per the order dated 21.12.2007. The Manager filed

Ext.P2 revision before the Director of Public Instruction. But, the

revision was dismissed by the Director of Public Instruction. The

Manager filed Ext.P3 revision dated 27.12.2007 before the

Government. According to the petitioner, Ext.P3 revision is pending

disposal. The contention of the Manager as well as the petitioner is

that once a post is created by way of group ‘C’ diversion, such a post

cannot be converted as part time. The petitioner relies on Ext.P6

W.P.(C) NO.28338 OF 2010

:: 2 ::

Government Order, G.O.(MS) No.371/2000/G.Edn. dated

13.11.2000, in support of that contention. Ext.P5 staff fixation order

is also produced to support the contention that the post was created

by group ‘C’ diversion.

2. The reliefs prayed for by the petitioner are the following:

“(i) declare that the Petitioner is entitled to get her

appointment vide Exhibit P-1 approved as full-

time;

(ii) issue a writ of mandamus or other appropriate writ

order or direction commanding the Respondents

to grant full-time service benefits to the Petitioner

since Exhibit P-1;

(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent

to effectively consider and pass appropriate

orders upon Exhibit P-3 after affording an

opportunity of being heard to the Petitioner within

a time limit;

(iv) pass such other order or direction which this

Hon’ble Court may deem fit and proper o grant in

the circumstances of the case.”

W.P.(C) NO.28338 OF 2010

:: 3 ::

3. The learned counsel for the petitioner submitted that it

would be sufficient, for the time being, if relief (iii) is granted.

4. The learned Government Pleader, on instructions,

submitted that Ext.P3 was not traced out in the Department

concerned. Learned counsel for the petitioner submitted that, if so,

the petitioner may be permitted to file a revision before the first

respondent challenging Exts.P1 and the order passed by the Director

of Public Instruction. The counsel submits that the petitioner will file

the Revision within one month from today. The counsel also

submitted that the second page of Ext.P3 would disclose that the

revision was sent by post on 27.12.2007.

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

disposed of as follows:

(a) The first respondent shall consider and dispose of Ext.P3

revision dated 27.12.2007 filed by the Manager challenging

the order passed by the Director of Public Instruction. If by

some chance, Ext.P3 is not traced out, the first respondent

W.P.(C) NO.28338 OF 2010

:: 4 ::

shall dispose of the revision that may be filed within a period of

one month from today by the petitioner.

(b) The first respondent shall dispose of Ext.P3 revision and/or

the Revision that may be filed by the petitioner as

expeditiously as possible and, at any rate, within a period of

three months from the date of receipt of the revision petition

that may be filed by the petitioner, after affording an

opportunity of being heard to the petitioner and the Manager.

(c) The petitioner shall send a copy of this judgment and a copy of

the Writ Petition to the Manager by registered post and shall

produce proof of the same before the first respondent.

Petitioner shall also produce a copy of the Writ Petition and

certified copy of the judgment before the first respondent.

(K.T.SANKARAN)
Judge

ahz/