T.E. Radhamani vs The State Of Kerala Represented By … on 7 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11642 of 2009(A)


1. T.E. RADHAMANI, AGED 31 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF PUBLIC INSRUCTIONS,

3. THE ASSITANT EDUCATIONAL OFFICER,

4. THE MANAGER, KUTTIYATTOOR AUP SCHOOL,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/04/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                       W.P.(C).No.11642 of 2009
                      --------------------------------------
                           Dated 7th April, 2009

                                 JUDGMENT

Heard Sri.V.A.Muhammed, the learned counsel appearing for

the petitioner and Sri.A.J.Varghese, the learned Government Pleader

appearing for respondents 1 to 3. In the nature of the order that I

propose to pass, it is not necessary to issue notice to or hear the fourth

respondent.

2. The petitioner was appointed as a Full time Sanskrit

teacher in the fourth respondent’s school by Ext.P1 appointment order

dated 2.6.2008. The appointment was against a retirement vacancy.

The Assistant Educational Officer, Taliparamba however approved the

said appointment only as a Part time teacher. Aggrieved by the

approval granted only as a Part time teacher, the petitioner has filed

Ext.P5 revision petition before the Director of Public Instruction under

Rule 8(A) of Chapter XIV A of the Kerala Education Rules. In this writ

petition the petitioner inter alia prays for expeditious orders on Ext.P5

revision petition.

3. The question whether the Assistant Educational Officer

was right in approving the appointment of the petitioner only as Part

time teacher is primarily a matter to be decided by the Director of Public

WP(C).No.11642/2009 2

Instruction. Rule 8(A) of Chapter XIV A of the K.E.R. empowers the

Director of Public Instruction to revise orders relating to approval of

appointments. The petitioner was appointed on 2.6.2008 and

approval of that appointment was granted on 17.1.2009. Though the

appointment of the petitioner was as a Full time teacher, the approval

was granted only as a Part time teacher. Since the petitioner has

invoked a remedy available to him in law, I am of the opinion that the

Director of Public Instruction should pass expeditious orders on Ext.P5

revision petition.

I accordingly dispose of this writ petition with a direction

to the Director of Public Instruction to consider Ext.P5 revision petition

and pass orders thereon after affording the petitioner and the fourth

respondent a reasonable opportunity of being heard. Final orders in

the matter shall be passed within three months from the dte on which

the petitioner produces a copy of this writ petition along with a

certified copy of this judgment. The Director of Public Instruction after

orders are passed as directed above, communicate copies thereof to

the petitioner and the Manager.

P.N.RAVINDRAN
Judge

TKS