High Court Kerala High Court

Manager vs State Of Kerala on 20 August, 2008

Kerala High Court
Manager vs State Of Kerala on 20 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25123 of 2008(N)



1. MANAGER, CENTRAL U.P.S. NATTIKA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.B.GANGESH

                For Respondent  : No Appearance

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

 Dated :20/08/2008

 O R D E R
                              K.T. SANKARAN,J.
                   -------------------------------------------------
                        W.P.C. No 25123 of 2008 - N
                    ------------------------------------------------
                     Dated this the 20th August 2008

                                   JUDGMENT

The petitioner is the Manager of an aided U.P school. It is stated

that a post of part-time Sanskrit teacher was sanctioned in the school

during the academic year 1973-74 and Smt P.G. Vasanthi was appointed

in the said post on 04.06.1973. It is also stated that the post became full

time post during the academic year 1975-76. The petitioner states that

during 1998-99 due to shortage of students the Sanskrit post was

converted to part time post with full time benefit to the teacher. Ext. P1 is

the staff fixation order passed by the third respondent for the academic

year 2005-06 as per which the post of Sanskrit teacher was abolished.

Challenging Ext P1 order the petitioner filed an appeal to the Deputy

Director of Education, but the appeal was dismissed. The petitioner filed

a revision against that order before the Director of Public Instruction who

disposed of the same as per Ext. P2 order.

2. It is stated that by the time Ext P2 order was issued, third

respondent had issued staff fixation order for the academic year 2006-07

as per Ext. P3 which shows that the post of Sanskrit teacher stood

WPC 25123/08 2

abolished with effect from 2005-06. It is also stated that even after

the issuance of Ext. P2, the third respondent issued staff fixation

order for the academic year 2007-08, as per Ext. P4, stating that the

Sanskrit post in the school stood abolished from 2005-06. The

petitioner is also aggrieved by Ext P4 staff fixation order in respect of

the sanctioning of the post of L.P.S.As and U.P.S.As. He relies on

the decision of this court in Rejimol v. A.E.O (2004 (2) KLT 899) and

contends that the staff fixation order in that respect is illegal. After

the issue of Ext P4, third respondent passed Ext P5 order

sanctioning the part time post of Sanskrit teacher for the academic

year 2005-06.

3. Challenging Ext P4, the petitioner filed Ext. P6 appeal which

was dismissed as per Ext P7 order dated 22.04.2008. Challenging

Ext P7 order the petitioner preferred Ext P8 revision dated

02.08.2008before the first respondent and the same is pending

disposal.

4. The reliefs prayed for in the writ petition are the following:

i) a writ of certiorari or any other appropriate writ, order or
direction to quash Exts. P3, P4 and P9 staff fixation orders
passed by the third respondent.

ii) a writ of certiorari or any other appropriate writ, order or

WPC 25123/08 3

direction to quash Ext. P7 order passed by the second
respondent.

iii) a writ of mandamus or any other appropriate writ, order or
direction commanding the third respondent to sanction part time
Sanskrit post in the school with full time benefit with effect from
the academic year 2005-06 continuously.

iv) a writ of mandamus or any other appropriate writ, order or
direction commanding the third respondent to sanction three
posts of LPSAs and 3 posts of UPSAs in the school for the
academic years 2007-08 and 2008-09 and to continue the
same pattern so long as the Headmaster of the school is from
LPSA.

v) a writ of mandamus or any other appropriate writ, order or
direction commanding the first respondent to consider the
issues raised in Ext P8 revision and pass orders compelling the
respondents 2 and 3 to apply the decision thus arrived at for all
subsequent academic years in future.

vi) any other appropriate writ, order or direction as this
Honourable Court may deem fit on the facts and in the
circumstances of the case and allow this petition with all costs.

5. Relief No. (i) is for the issue of a writ of certiorari or any

other appropriate writ, order or direction to quash Exts. P3, P4 and

P9. Ext. P3 has lost its significance in view of Ext P5 order passed

in favour of the petitioner. Therefore, there is no necessity to

interfere with Ext P3 for the present. As against Ext P4 order the

petitioner had filed Ext P6 appeal which was disposed of as per

Ext.P7 order and the petitioner has challenged the same in Ext. P8

WPC 25123/08 4

revision. Ext. P8 revision is pending. Therefore the relief to issue a

writ of certiorari to quash Ext P4 would not be maintainable at this

stage. Ext. P9 order is appealable. As an effective alternative

remedy is available to the petitioner against Ext P9 the prayer to

quash Ext P9, cannot be entertained at this stage. At the same

time, the relief No (v) can be granted in the facts and circumstances

of this case.

6.Therefore, the writ petition is disposed of as follows:

The Director of Public Instruction shall dispose of Ext.

P8 revision filed by the petitioner as expeditiously as possible

and at any rate, within a period of two months, after affording

an opportunity of being heard to the petitioner and any other

person who is likely to be affected.

The petitioner shall produce a copy of the writ petition and

certified copy of the judgment before the first respondent.

The petitioner is permitted to produce such other documents

and materials as are relevant before the first respondent.

Sd/-

                                                K.T. SANKARAN
                                                      Judge
20/08/2008
en                      [true copy]

WPC 25123/08                        5



Appendix

Petitioner's exhibits:

Ext.P1 – True copy of the staff fixation order passed by the third
respondent on 13.07.2005 for the academic year 2005-06
Ext.P2 – True copy of the order dated 27.11.2005 passed by the first
respondent.

Ext.P3 – True copy of the staff fixation order 2006-07 dated
20.7.2006 issued by the third respondent
Ext.P4 – True copy of staff fixation order 2007-08 dated 13.7.2007
passed by the third respondent.

Ext.P5 – True copy of the order dated 7.9.2007 passed by the third
respondent.

Ext.P6 – True copy of the appeal preferred by the petitioner before
the second respondent along with the application for condonation of
delay dated 27.11.2007.

Ext.P7 – True copy of order passed by the second respondent on
22.04.2008
Ext.P8 – True copy of revision petition preferred by the petitioner to
the first respondent on 2.8.2008
Ext.P9 – True copy of staff fixation order dated 31.7.2008 for 2008-09
passed by the third respondent.

[true copy]