IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26431 of 2008(V)
1. SAJI KUMAR KOTTODI
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... 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 :02/09/2008
O R D E R
K.T. SANKARAN,J.
--------------------------------------
W.P.(C) No.26431 of 2008 V
--------------------------------------
Dated this the 2nd day of September, 2008.
J U D G M E N T
The petitioner was appointed as Full Time Urdu Teacher in
Parassinikadavu U.P. School from 1.6.2007 against the retirement vacancy of
Shri E.Ramunnikutty. It is stated that the appointment was approved as Part
Time Urdu Teacher. It is stated that as per the staff fixation from 15.7.1981
onwards, a Full Time Urdu Teacher post was granted by diverting three periods
from Group ‘C’ subjects and that the same position was continuing. It is stated
that all of a sudden, without notice, the Full Time Post was converted as Part
Time pointing out G.O.(Ms.) No.62/73/G.Edn. dated 2.5.1973, ignoring the
previous staff fixation orders. The contention of the petitioner is that G.O.(Ms.)
No.62/73/G.Edn. dated 2.5.1973 is not at all applicable in the case of Urdu
Teacher and that G.O.(Ms.) No.129/78/G.Edn. dated 19.9.1978 would apply.
The petitioner also relies on Ext.P3 Government Order dated 13.11.2000
wherein it is stated thus –
“3. In the letter read as
seventh paper above the Director of Public
Instruction has reported that there are
instances where the Educational Officer mis-
interpret the relevant Government Orders and
WP(C) No.26431/2008
2
mention the posts sanctioned by virtue of
group “C” diversion; and the posts held by the
beneficiaries of orders read as fifth paper
above as protected. Hence he has sought for
clarification in this regard.
4. Government have
examined the matter in detail and are pleased
to clarify that the posts created by virtue of
Group ‘C’ diversion cannot be treated as
protected and that such full time posts cannot
be converted into part time posts.
5. If any Educational Officer
has already proceeded with the staff fixation
and issued irregular orders as mentioned
above, he shall review such orders in
accordance with this clarificatory Government
Order.”
2. The petitioner states that as per Ext.P4 order, the
Deputy Director of Education, Kannur, rejected the contentions put forward by
the petitioner and that the Director of Public Instruction also has not accepted the
petitioner’s contentions. The petitioner has submitted Ext.P8 revision dated
18.7.2008 before the Government challenging the order passed by the Director
of Public Instruction. Ext.P8 revision is pending disposal.
WP(C) No.26431/2008
3
3. The reliefs prayed for in the Writ Petition are the
following:-
“(a) call for the records
relating to Exhibit P-4 and quash the original of
the same by the issue of a writ of certiorari or
other appropriate writ or order.
(b) declare that the
Petitioner is entitled to have approval and
service benefits as Full-time teacher in the light
of Exhibits P-3, P-5, P-6 and P7.
) 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-8 after affording an opportunity
of being heard to the Petitioner within a time
limit.
(d) pass such other
order or direction which this Hon’ble Court may
deem fit and proper to grant in the
circumstances of the case.”
WP(C) No.26431/2008
4
4. Since Ext.P8 revision is pending disposal, the learned
counsel for the petitioner submits that for the present, the petitioner would be
satisfied if relief No.’c’ is granted leaving open the right of the petitioner to pray
for other reliefs at the appropriate stage, if found necessary.
In the facts and circumstances of the case, the Writ Petition
is disposed of as follows:-
(i) The first respondent shall dispose of Ext.P8 revision
dated 18.7.2008 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 of the school (fifth respondent).
(ii) The petitioner shall produce a copy of the Writ Petition
and a certified copy of the judgment before the first respondent.
(iii) The petitioner shall send a copy of the judgment by
registered post to the fifth respondent and shall produce proof of the same
before the first respondent.
K.T. SANKARAN,
JUDGE.
cks