Writ petition challenged rejection of conversion of petitioner's part-time Drawing Teacher post to full-time post. Court quashed rejection order directing reconsideration in light of similar precedents.
Exhibit P3 set aside; matter remitted to Government to reconsider referring to Exhibits P4-P6 with orders within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931
WP(C).No. 17460 of 2006(C)
PETITIONER:
T. RAGHAVAN, DRAWING TEACHER (PART TIME), RAMAJAYAM U.P. SCHOOL, P.O. AZHEEKODE, KANNUR DISTRICT.
BY MR.P.M.PAREETH, ADVOCATE.
RESPONDENTS:
BY MS. T.B. REMANI, GOVERNMENT PLEADER FOR R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17460/2006
A P P E N D I X
PETITIONER'S EXHIBITS:
| EXT. P1 | : | COPY OF APPOINTMENT ORDER DTD. 29.7.85 ISSUED BY MANAGER, RAMAJAYAM UP SCHOOL, AZEEKODE. |
|---|---|---|
| EXT. P2 | : | COPY OF REPRESENTATION DTD.22.4.05 SUBMITTED BY PETITIONER BEFORE MINISTER FOR EDUCATION. |
| EXT. P3 | : | COPY OF LETTER DTD. 30.1.06 ISSUED BY R1 REJECTING THE REQUEST OF PETITIONER. |
| EXT. P4 | : | COPY OF ORDER No.G.O.(MS) No.113/2000/G.EDN DTD. 6.4.00. |
| EXT. P5 | : | COPY OF G.O.(Rt) No.5081/2000/G.EDN DTD. 12.12.00. |
| EXT. P6 | : | COPY OF G.O.(MS) No.108/2001/G.EDN DTD. 23.3.01. |
3RD RESPONDENT'S EXHIBITS:
EXT. R3(a) : COPY OF G.O.(P) No.169/04/G.EDN DTD. 15.6.04.
// True Copy //
P.A. to Judge.
smp
T.R. RAMACHANDRAN NAIR, J.
---------------------------------------
W.P.(C) No.17460 OF 2006
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.
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.
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
smp
2 issues framed by the court
Whether the petitioner is entitled to conversion of part-time post to full-time post for pensionary benefits.
Whether relaxation granted to others in similar situations can be applied to the petitioner.
T. RAGHAVAN
STATE OF KERALA
DEPUTY DIRECTOR OF EDUCATION
ASSISTANT EDUCATIONAL OFFICER
T.R. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
