IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37850 of 2010(E)
1. V.V.M.BASHEER, S/O. ABOOBACKER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
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 :21/12/2010
O R D E R
K.T.SANKARAN, J.
------------------------------
W.P.(C).No.37850 OF 2010
------------------------------
st
Dated this the 21 day of December, 2010
JUDGMENT
The petitioner was appointed as Peon in
B.K.N.M. U.P School, Kozhukkallur on 31.7.1978. He
was promoted as Full-Time Urdu Teacher against a
retirement vacancy, on 31.3.2006, as per Ext.P1
order of appointment. The appointment of the
petitioner was approved by the educational officer,
only as a part-time Urdu teacher. The Manager
filed an appeal against that order before the
Deputy Director of Education. The Deputy Director
of Education rejected the appeal, as per Ext.P3
order dated 13.11.2006. The Manager filed revision
before the Director of Public Instruction,
challenging Ext.P3 order. The revision was
rejected, as per Ext.P4 order dated 1.4.2008. The
th
petitioner filed Ext.P7 revision dated 9 December,
2010, challenging the order passed by the Director
of Public Instruction.
W.P.(C).No.37850 OF 2010 2
2. It is contended by the petitioner that the
Full-Time post of Urdu was created in the school by
Group ‘C’ diversion, as evidenced by Exts.P5 and P5
(a) staff fixation orders for the years 1987-1988
and 1989-1990. According to the petitioner, once a
Full-Time post is created by Group ‘C’ Diversion,
it cannot be converted into a part-time post.
3. The reliefs prayed for in the Writ Petition
are the following:
i) declare that B.K.N.M.U.P.School, Kozhukkallur
is entitled to have continuously sanctioned
the full-time post of Urdu teacher.
ii) call for the records relating to Exts.P3 and
P4 and quash the originals of the same by the
issue of a writ of certiorari or other
appropriate writ or order.
iii) issue a writ of mandamus or other
appropriate writ order or direction
commanding the respondents to grant approval
to the petitioner as full-time Urdu teacher
from 31.7.2006 with attendant benefits.
iv) issue an interim direction commanding the 1st
respondent to effectively consider and pass
appropriate orders upon Ext.P7 after
affording an opportunity of being heard toW.P.(C).No.37850 OF 2010 3
the Petitioner within a time limit.
v) pass such other order or direction which this
Hon’ble Court may deem fit and proper to
grant in the circumstances of the case.”
4. The learned counsel for the petitioner
submitted that for the time being, it would be
sufficient, if Ext.P7 Revision dated 9.12.2010 is
considered and disposed of by the first respondent
expeditiously.
5. Taking into account the facts and
circumstances of the case, the Writ Petition is
disposed of as follows:
a) The first respondent shall consider and
dispose of Ext.P7 revision filed by
the petitioner, as expeditiously as
possible, and at any rate within a
period of three months from the date
of receipt of a copy of the judgment.
W.P.(C).No.37850 OF 2010 4
b) The petitioner shall produce a copy of
the Writ Petition and certified copy
of the judgment before the first
respondent.
c) The petitioner shall send copy of the
Writ Petition and copy of the judgment
th
to the 5 respondent Manager byregistered post and the petitioner
shall produce proof of the same before
the first respondent.
K.T.SANKARAN,
JUDGE.
cms