IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17460 of 2006(C)
1. T. RAGHAVAN, DRAWING TEACHER
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPUTY DIRECTOR OF EDUCATION, KANNUR.
3. ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.P.M.PAREETH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/08/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.17460 OF 2006
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Dated this the 21st day of August, 2009.
J U D G M E N T
The petitioner is working as Drawing Teacher (Part time) in
the Ramajayam U.P. School, Azheekode in Kannur District. He
entered service as such on 29.07.1985. But, in spite of the
completion of 24 years, he has not been given the benefit of
conversion to a full time post.
2. Learned counsel for the petitioner submitted that the
petitioner will not be able to get any pensionary benefits if he
retires only as a part time Teacher. The order impugned is
Exhibit P3 wherein the Government has taken the view that the
post cannot be converted as a full time one in the light of the fact
that there are only 286 students available in the school.
3. It is the case of the petitioner that the Government has
granted relaxation in favour of different teachers going by
W.P.(C) No.17460/06 2
Exhibits P4 to P6, and the petitioner’s case also could be
considered for relaxation. Specific reference was made to
Exhibit P5. It is a case of conversion of part time post of Drawing
Teacher into full time post in the South Pattiam U.P. School in
Kannur District. The petitioner points out that the same is an
identical case where the Government has granted the benefit.
4. In the counter affidavit filed by the 3rd respondent, the
stand taken is that the orders produced by the petitioner cannot
be made applicable in the sense that those cannot be treated as
a precedent. Assuming so, the claim of the petitioner, by relying
upon Exhibits P4 to P6, has not been considered in Exhibit P3.
It is evident that the power to grant relaxation has been
exercised in favour of others. The grievance raised by the
petitioner that he may have to go out of service without even
getting pension is a matter for the Government to consider.
In that view of the matter, Exhibit P3 is set aside and the
matter will be reconsidered by the Government. Since the
petitioner is relying upon Exhibits P4 to P6, the matter will be
W.P.(C) No.17460/06 3
considered by the Government in the light of the said orders and
appropriate orders shall be passed within a period of four months
from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
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