BINDU K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as full time Sanskrit Teacher on 1.6.2007 in Edacherry North U.P.School, Post Edacherry North, Kozhikode District, in the retirement vacancy of one K.Kumaran who retired on 31.3.2007. The appointment of the petitioner was approved only as part time Sanskrit Teacher as per Ext.P1 order passed by the Assistant Educational Officer. Aggrieved by that order, the Manager filed appeal to the Deputy Director of Education, who confirmed the order passed by the Assistant Educational Officer, as per the order dated 21.12.2007. The Manager filed Ext.P2 revision before the Director of Public Instruction. But, the revision was dismissed by the Director of Public Instruction. The Manager filed Ext.P3 revision dated 27.12.2007 before the Government. According to the petitioner, Ext.P3 revision is pending disposal. The contention of the Manager as well as the petitioner is that once a post is created by way of group 'C' diversion, such a post cannot be converted as part time. The petitioner relies on Ext.P6 Government Order, G.O.(MS) No.371/2000/G.Edn. dated 13.11.2000, in support of that contention. Ext.P5 staff fixation order is also produced to support the contention that the post was created by group 'C' diversion.

(2.) The reliefs prayed for by the petitioner are the following:

(3.) The learned counsel for the petitioner submitted that it would be sufficient, for the time being, if relief (iii) is granted.