Disposed

Abdul Salam T. v. State of Kerala

Kerala HC7 Nov 2018WP(C)/683/2015

Case brief

AI extract

What is this about?

The petitioner sought conversion of part-time post to full-time with Group C diversion. The court allowed reconsideration by the District Educational Officer to verify availability of Group C subjects for diversion under the 2010 order, which permitted the facility for the 2010-11 academic year.

What did the court decide?

Petitioner given three months to examine availability of Group C subjects for diversion and take a decision on conversion.

Abdul Salam T. Vs State of Kerala — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940

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WP(C).No.683 of 2015

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PETITIONER/S:

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ABDUL SALAM T. S/O.ABDULLA T, PART TIME URDU TEACHER, A.U.P SCHOOL, CHAMBRAKULAM, COYALMANNAM, KOTTAI P.O, PALAKKAD DISTRICT.

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BY ADV. SRI.U.BALAGANGADHARAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

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3 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD - 678 001.

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4 THE ASSISTANT EDUCATIONAL OFFICER COYALMANNAM, PALAKKAD - 678 702.

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5 THE DISTRICT EDUCATIONAL OFFICER PALAKKAD - 678 001.

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6 THE MANAGER A.U.P SCHOOL, CHEMBRAKULAM, COYALMANNAM, KOTTAI P.O, PALAKKAD DISTRICT - 678 702.

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OTHER PRESENT:

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SMT.G.RANJITHA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.683/2015

J U D G M E N T

The petitioner was appointed as Part Time Urdu Teacher consequent upon the retirement of Smt.K.Prasanna from service on 31.03.2008. Smt.Prasanna was holding part time post with full time benefit. She was given full time benefit for the reason that she had five years service and had worked for eight periods in a week. The petitioner's approval was only in the part time post. The petitioner now seeks conversion of Group C subjects for claiming full time benefits.

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There are no statutory provisions in regard to the conversion of Group C subjects for claiming full time benefit. It appears that there are two norms for claiming full time benefit. As per Ext.R1(a) Government Order namely, G.O.(MS) No.62/73/G.Edn dated 02.05.1973, part time teachers who have put in more than five years service and have eight periods of work can be converted into full time. The petitioner refers to G.O (Ms) No.129/78/G.Edn dated 19.09.1978 which reads as follows:

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“In the Government Order read as 1^st paper above it was ordered among other things that one period from any subjects under group C (Craft, Music, Drawing and Painting and Physical Education) would be diverted for teaching Arabic provided no existing teacher of such subjects is affected.

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W.P.(C) No.683/2015

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In the Government order read as 2^nd paper the above concession was extended to Sanskrit teachers also.

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Now Government have received many representations for extending the above concession to Urdu teachers also.

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Government are pleaded to extend this concession granted to Arabic and Sanskrit teachers in Government orders read as 1^st and 2^nd papers above to Urdu teachers also in Upper Primary and High School”.

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It appears that subsequently the Government confined the conversion upto the academic year 2010-2011 as seen from G.O (MS) No.220/2010/G.Edn dated 04.11.2010. The said Government Order reads as follows:

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“As per the Government Order read as 1^st paper above, it was interalia ordered that post created by virtue of Group 'C' diversion cannot be treated as protected and that such full time post cannot be converted into part time post.

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It has come to the notice of the Government that if more periods are diverted from Group 'C' subjects, it will adversely affect the overall development of the students as there will be a reduced number of periods for Group 'C' subjects like Art Education, Health & Physical Education and Work Education.

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As per the schedule of the Right to Education Act 2009 also equal importance is to be given to Group 'C' subject like Art Education, Health & Physical Education and Work Education for the children studying in classes VI to VIII. Therefore any diversion

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W.P.(C) No.683/2015

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of Group 'C' subjects for making part time language teacher to full time language teacher will adversely affect the teaching/learning of group 'C' subjects.

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In the above circumstances the Government Order read as first paper above is cancelled by extending such facility to the teachers for the academic year 2010-11 only”.

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The question is whether such conversion is permissible or not. As seen from the above Government Orders, such conversion is permissible. No doubt, the petitioner being appointed in a part time post, as a matter of right, cannot claim conversion. However, in the light of the above Government Orders, the petitioner's claim for Group C diversion will have to be considered as the petitioner was appointed in the year 2008. As seen from G.O (MS) No.220/2010/G.Edn dated 04.11.2010, the Government confined such facility upto the academic year 20102011.

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It is for the District Educational Officer to take a decision as to whether there are subjects available for Group C diversion. If any other Government Order was in force holding that such Group C diversion was not permissible at the time of appointment of the petitioner, certainly, that shall also be taken into account.

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W.P.(C) No.683/2015

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Therefore, the impugned orders are set aside for reconsideration by the District Educational Officer to find out whether Group C subjects

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are available for diversion. Appropriate decision shall be taken within a period of three months.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

W.P.(C) No.683/2015

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER ISSUED TO THE PETITIONER DTD.2.6.2008. EXHIBIT P2 TRUE COPY OF ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, DATED 16.9.09. EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER DATED 29.8.2005. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 21.4.10. EXHIBIT P5 TRUE COPY OF THE JUDGMNET IN WRIT APPEAL NO.333/08 DTD.8.12.2009. EXHIBIT P6 TRUE COPY OF GOVERNMENT ORDER G.O(RT)5577/10.G.EDN DATED 10.12.10. EXHIBIT P7 TRUE COPY OF GOVERNMENT ORDER G.O(RT)5001/10/G.EDN DATED 9.11.10. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC 25375/11 DATED 19.2.14. EXHIBIT P9 TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 12.9.14. RESPONDENTS' EXHIBITS EXHIBIT R1(a) TRUE COPY OF G.O (Rt) No.62/73 DTD.2.5.1973 EXHIBIT R1(b) TRUE COPY OF G.O (MS) No.371/2000/G.EDN DTD.13.11.2000 EXHIBIT R1(c) TRUE COPY OF G.O(MS) No.220/2010/G.EDN DTD.4.11.2010 EXHIBIT R1(d) TRUE COPY OF CIRCULAR No.H2/51483/2011/DPI DTD.20.09.2011.

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True Copy

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P.S to Judge

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smp

Abdul Salam T. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Salam T. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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