Petitioner appointed as Urdu Teacher challenged an order declining his full-time appointment. Court set aside the order requiring reconsideration after hearing all parties.
Ext.P6 order set aside; necessary orders to be passed within three months after hearing.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361
WP(C).No. 21372 of 2014 (V)
PETITIONER :
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RAJESH.P.K. URUD TEACHER, KATAMERI UPPER PRIMARY SCHOOL, P.O.KATAMERI, KOZHIKODE DISTRICT.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENTS:-:
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1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM.
3. ASSISTANT EDUCATIONAL OFFICER, THODANNUR, KOZHIKODE DISTRICT.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. V. VIJULAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 21372 of 2014 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGES OF THE STAFF FIXATION ORDER DATED 27.07.2009.
EXHIBIT P2: TRUE COPY OF THE APPOINTMENT ORDER IN FORM 27 DATED 01.06.2010 AND THE PROCEEDINGS FOR APPROVAL DATED 02.02.2011.
EXHIBIT P3: TRUE COPY OF THE ORDER DATED 23.01.2013.
EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER DATED 15.07.2013.
EXHIBIT P5: TRUE COPY OF GO(MS)129/78/G.EDN DATED 19.09.1978.
EXHIBIT P5(a): TRUE COPY OF GO(MS)NO.371/2000/G.EDN. DATED 13.11.2000. EXHIBIT P5(b): TRUE COPY OF THE GO(MS)NO.220/2010/G.EDN. DATED 04.11.2010.
EXHIBIT P5(c): TRUE COPY OF THE LETTER NO.13652/J2/11/G.EDN. DATED 23.03.2011.
EXHIBIT P6: COPY OF THE ORDER DT 27/9/2014.
EXHIBIT P6(a): A TRUE ENGLISH TRANSLATION OF EXT.P6.
EXHIBIT P7: COPY OF THE ORDER DT 29/11/2011.
EXHIBIT P7(a): COPY OF THE ENGLISH TRANSLATION OF EXT P7.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.21372 of 2014
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Dated this the 6th day of January, 2015
JUDGMENT
The petitioner while working as Peon was promoted
and appointed in the retirement vacancy of P.Abdulla as Urdu Teacher. By Ext.P3 order passed by the Director of Public Instructions, the petitioner's appointment with effect from 1.6.2010 has been directed to be approved as a full time Urdu
Teacher. On account of non-implementation of the above
order, the petitioner has approached this Court.
W.P.(C) No.21372 of 2014 2
on 1.6.2010. The petitioner relies on Ext.P5(a) Government Order dated 13.11.2000. The petitioner submits that the posts created by virtue of Group 'C' diversion cannot be treated as protected and that such full time posts cannot be converted into part time posts. The petitioner submits that his appointment is into the full time post and the finding in Ext.P6 that on account of the retirement of incumbent, the full time post has become part time is erroneous. The petitioner submits that the Director of Public Instructions reviewed his earlier decision based on Ext.P5(b) order dated 04.11.2010. The petitioner submits that the Director of Public Instructions while passing Ext.P6 order did not advert to the fact that the post treated as a full time post on account of Group 'C' diversion cannot be converted as part time. The petitioner further submits that Ext.P6 order is passed
W.P.(C) No.21372 of 2014 3
without giving an opportunity of hearing.
W.P.(C) No.21372 of 2014 4
is pointed out by the learned Government Pleader also be considered whether the appointment was part time or full time. The petitioner has a case that he was appointed as full time and the initial appointment order has been corrected by the Manager. Therefore, necessary orders shall be passed in this matter after hearing the petitioner and the Manager and also verifying the records. In view of the above, Ext.P6 is set aside. Needful shall be done within a period of three months.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
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2 issues framed by the court
Whether full time posts created by Group C diversion can be reconverted into part time posts on account of the retirement of the incumbent.
Whether the order declining the approval of the petitioner as a full time teacher was passed without giving an opportunity of hearing.
3 provisions across 2 enactments
RAJESH.P.K.
THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT
THE DIRECTOR OF PUBLIC INSTRUCTION
ASSISTANT EDUCATIONAL OFFICER
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
