IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36656 of 2010(F)
1. BABY SMITHA K.C.,W/O.RAJESH,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION
3. THE ASSISTANT EDUCATIONAL OFFIER,
4. THE MANAGER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/12/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.36656 OF 2010
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th
Dated this the 8 day of December, 2010
JUDGMENT
The petitioner was appointed as Full Time
Sanskrit Teacher in Azhikode West U.P.School with
effect from 1.6.2010 against a retirement vacancy.
The Manager submitted the proposal for approval of
appointment to the Educational Officer. As per
Ext.P2 staff fixation order for the academic year
2010-2011, the Full Time post of Sanskrit was
reduced to Part Time post on the ground that it is
an uneconomic school. The case of the petitioner
is that the Full Time post of Sanskrit teacher was
created by way of Group C diversion, as per Ext.P3
staff fixation order for 1991-92. It is also
submitted that in view of G.O.(Ms)
No.371/2000/G.Edn. dated 13.11.2000 (Ext.P4), the
reduction of the post to Part Time post was not
proper. Challenging the staff fixation order for
2010-2011, the petitioner filed Ext.P5 revision
W.P.(C).No.36656 OF 2010 2
dated 4.11.2010 before the Director of Public
Instruction. Ext.P5 is pending disposal.
2.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.P5 revision is directed
to be considered expeditiously.
3. 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
directing the Director of Public Instruction to
consider and dispose of Ext.P5 revision dated
4.11.2010 submitted by the petitioner, as
expeditiously as possible, and at any rate, within
a period of two months from the date of receipt of
a copy of the judgment, after affording an
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opportunity of being heard to the petitioner and 4
W.P.(C).No.36656 OF 2010 3
respondent Manager. The petitioner shall produce a
copy of the Writ Petition and a certified copy of
the judgment before the Director of Public
Instruction. The petitioner shall also send a copy
of the Writ Petition and a copy of the judgment to
th
the 4 respondent Manager by registered post and
the petitioner shall produce a proof of the same
before the Director of Public Instruction.
K.T.SANKARAN,
JUDGE.
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