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High Court of KeralaWP(C)/20320/2013disposed of

P.Shyji v. The State Of Kerala

2015-03-11Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 20320 of 2013 (L) ---------------------------- PETITIONER(S):

--------------- P.SHYJI,AGED 33 YEARS, W/O.JAYADEVAN, FULL-TIME SANSKITR TEACHER, KOYYODE MADRASSA UP SCHOOL, P.O.KOYYODE, KANNUR DISTRICT-670 621.

BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S):

-----------------

1. THE STATE OF KERALA REPRESENTD BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETRIAT THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014.

3. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH-670 003, KANNUR DISTRICT.

4. THE MANAGER, KOYYODE MADRASSA UP SCHOOL, P.O.KOYYODE KANNUR DISTRICT-670 621.

R1-R3 BY ADV. GOVERNMENT PLEADER SMT.SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20320 of 2013 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- EXHIBIT P1.COPY OF THE G.O.(RT)NO.3460/85/G.EDN. DATED 17/9/1985 OF THE GOVERNMENT EXHIBIT P2.COPY OF THE G.O.(MS)NO.371/2000/G.EDN. DATED 13/1/2000 OF THE GOVERNMENT EXHIBIT P3.COPY OF THE G.O.(RT)NO.1298/2001/G.EDN. DATED 30/3/2011 OF THE GOVERNMENT EXHIBIT P4.COPY OF THE G.O.(RT)NO.5320/2011/G.EDN. DATED 29/11/2011 OF THE GOVERNMENT EXHIBIT P5.COPY OF THE G.O.(RT)NO.1128/2012/G.EDN. DATED8/3/2012 OF THE GOVERNMENT EXHIBIT P6.COPY OF THE JUDGMENT IN WPC NO.25021/2004-D DATED 26/7/2004.

EXHIBIT P7.COPY OF THE STAFF FIXATION ORDER 1990-1991 DATED 20/6/1990.

EXHIBIT P8.COPY OF THE STAFF FIXATION ORDER 2008-2009 DATED 30/12/2008 EXHIBIT P9.COPY OF THE G.O.(RT)NO.5875/2011/G.EDN. DATED 30/12/2011 OF THE GOVERNMENT EXHIBIT P10.COPY OF THE G.O.(RT)NO.531/2013/G.EDN. DATED 5/2/2013 OF THE GOVERNMENT RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ P.S TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20320 OF 2013 - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015

JUDGMENT

The petitioner was appointed as full-time Sanskrit Teacher on 5/6/2008 against the retirement vacancy. By the Government Order dated 3/11/2000 produced as Ext.P2, the Government clarified that the post created by virtue of Group C diversion cannot be treated as protected and that such fulltime posts cannot be converted into part time posts. It is further mentioned in Ext.P2 order that Full time teachers having 15 periods of work by virtue of Group "C" diversion taken leave, the resultant vacancies can be filled up by Full Time teachers. Therefore, in the light of the above Government Order, the petitioner submits that he is entitled for approval as a full-time teacher with effect from the date of appointment. However, approval for the petitioner's appointment was declined by the authorities. Ext.P10 is the order passed by the Government in the review filed by the petitioner. One of the reasons stated for declining the approval is that the Government cancelled Ext.P2 as per the

W.P.(C) No.20320/2013 Government Order G.O.(MS) 220/2010/G.Edn. dated 4/11/2010. The petitioner submits that since the appointment was in the year 2008, by virtue of the Government Order issued in the year 2010 approval for his appointment cannot be declined.

2. Admittedly, Ext.P2 was in force till it was cancelled in the year 2010. Ext.P2 clearly states that full time posts cannot be converted as part time posts. Therefore, I am of the view that as on the date of appointment, the petitioner was entitled to the benefit of Ext.P2 order which cannot be denied by virtue of the subsequent Government Order.

3. In view of the above facts and circumstances, the impugned orders are set aside. There shall be a direction to the 3rd respondent to approve the appointment of the petitioner as full-time Sanskrit Teacher from 5/6/2008. Needful shall be done within two months. Arrears of salary shall be disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Jude.

W.P.(C) No.20320/2013