IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35230 of 2010(C)
1. SARITHA.P.M., W/O.SUDHEER,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
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 :03/12/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 35230 OF 2010 C
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Dated this the 3rd day of December, 2010
JUDGMENT
The petitioner was appointed as Full Time Sanskrit Teacher in
Valiyannur North U.P.School with effect from 1.6.2009 against a
retirement vacancy. The Assistant Educational Officer declined
approval of appointment of the petitioner. Aggrieved by the same,
the Manager filed appeal before the District Educational Officer. The
District Educational Officer disposed of the appeal, as per Ext.P2
order dated 21.5.2010. The District Educational Officer held that for
the academic year 2009-10, only a part time post of Sanskrit
Teacher was sanctioned, but the Manager had appointed the
petitioner as a Full Time Sanskrit Teacher. The contention of the
petitioner is that the full time post was created by group ‘C’ diversion,
as per Exts.P3 and P4 staff fixation orders, and that post cannot be
converted into a part time post in view of Ext.P5 Government Order.
The petitioner submitted Ext.P6 Revision dated 18.10.2010 before
the Director of Public Instruction under Rule 12E(3) of Chapter XXIII
of the Kerala Education Rules. The petitioner also submitted Ext.P7
Revision under Rule 92 of Chapter XIV-A of the Kerala Education
Rules before the Government.
W.P.(C) NO.35230 OF 2010
:: 2 ::
2. Learned counsel for the petitioner submitted that, for the
time being, it is sufficient if Ext.P6 Revision is directed to be
disposed of by the Director of Public Instruction.
In 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.P6 Revision filed by the petitioner, as
expeditiously as possible and, at any rate, within two 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. The
petitioner shall produce a copy of the Writ Petition and certified copy
of the judgment before the first respondent. 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 Director of Public Instruction.
(K.T.SANKARAN)
Judge
ahz/