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.
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W.P.C. No 25123 of 2008 - N
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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]