IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36783 of 2010(W)
1. A.J.SOOSANNA, W/O.KURIAN THOMAS,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE MANAGER UNIT A.U.P.SCHOOL,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/12/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
W.P.(C). NO. 36783 OF 2010 W
------------------------------------------------------
Dated this the 9th day of December, 2010
JUDGMENT
The petitioner was appointed as Full Time Sanskrit Teacher in
Unity A.U.P.School, Thenkara, Palakkad District, with effect from
2.6.2008, in the retirement vacancy of Padmakumari, Full Time
Sanskrit Teacher, who retired on 31.3.2008. The Assistant
Educational Officer, as per Ext.P1 order dated 30.11.2009, approved
the appointment of the petitioner only as Part Time Sanskrit Teacher.
It is stated that as per the staff fixation order for 2008-09, only a part
time post of Sanskrit Teacher was sanctioned. The Manager filed
appeal against the staff fixation order and that appeal is pending.
While so, challenging Ext.P1 order passed by the Assistant
Educational Officer, the Manager filed appeal before the District
Educational Officer. The District Educational Officer dismissed the
appeal as per Ext.P3 order dated 29.6.2010. Challenging Ext.P3
order, the petitioner filed Ext.P4 Revision dated 10.8.2010 before the
first respondent. Ext.P4 Revision is pending disposal.
W.P.(C) NO.36783 OF 2010
:: 2 ::
2. The contention of the petitioner is that the full time post of
Sanskrit Teacher was created by group ‘C’ diversion and as per the
existing Government Orders, once a full time post is created by
group ‘C’ diversion, it cannot be converted into part time post.
3. Though several reliefs are claimed in the Writ Petition, the
learned counsel for the petitioner submitted that, for the time being, it
would be sufficient if Ext.P4 Revision is directed to be disposed of.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader.
Taking into account 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.P4
Revision dated 10.8.2010, as expeditiously as possible and, at
any rate, within a period of three months from the date of
receipt of a copy of the judgment, after affording an
opportunity of being heard to the petitioner and the Manager.
W.P.(C) NO.36783 OF 2010
:: 3 ::
b) The petitioner shall produce a copy of the Writ Petition and
certified copy of the judgment before the first respondent.
c) The petitioner shall also send a copy of the Writ Petition and
copy of the judgment to the fifth respondent Manager by
registered post and she shall produce proof of the same
before the first respondent.
(K.T.SANKARAN)
Judge
ahz/