SHAHINA BABY P Vs. ASSISTANT EDUCATIONAL OFFICER MANNARKKADLABIC

JUDGEMENT

(1.) The writ petition has been filed seeking to quash Exts.P3 and P4 staff fixation orders as also Exts.P7, P10 and P16 orders issued by respondents 5 and 3. The petitioner also seeks a direction to approve the appointment of the petitioner as Full Time Urdu Teacher with effect from 22.07.2009 by allowing Group-C diversion.

(2.) The writ petitioner contends that one Mr.Youseph, who was a Full Time Urdu Teacher in the 4th respondentSchool, died on 17.06.2009. In Ext.P3 staff fixation order issued on 14.07.2009, the said post of Urdu Teacher was declared as Part Time. The petitioner was appointed against the said vacancy on 22.07.2009. According to the petitioner, she was appointed as Full Time Urdu Teacher as there was requirement of a Full Time Urdu Teacher. On 15.12.2010, as per Ext.P6, the Manager of the 4th respondent-School made a request to the Deputy Director of Education to direct the Assistant Educational Officer, Mannarkkad to revise the staff fixation order by sanctioning Full Time post for Urdu, by applying Group-C diversion. On 17.03.2011, the DDE addressed a letter to the AEO directing the AEO to act on the request of the Manager as per GO(MS) No.220/2010 G.Edn. dated 04.11.2010. In the meanwhile, it is reflected from the pleadings of the case that one E.Mallika, a protected teacher, was appointed in the School on 31.03.2011. The petitioner stated that her appointment as Part Time Urdu Teacher was approved only with effect from 01.06.2011.

(3.) The 4th respondent filed an appeal before the 3rd respondent on 31.10.2012 seeking to quash the order of the Director of Public Instructions and issue necessary instructions to approve the appointment of the petitioner as Junior Urdu Teacher (Full Time) from 22.07.2009 onwards. The said petition was rejected by the 3rd respondent as per Ext.P10 order dated 26.05.2014. In the meanwhile, the petitioner also preferred a revision petition before the 3rd respondent on 13.09.2014 as per Ext.P11. The petitioner also filed W.P.(C) No.24489/2014 before this Court. This Court, having regard to the rival submissions made by the parties, disposed of the writ petition directing the 3rd respondent to pass appropriate orders on Ext.P11 revision filed by the petitioner. The 3rd respondent, however, rejected the revision petition filed by the petitioner on the ground that the petitioner cannot be appointed as Full Time Urdu Teacher with effect from 22.07.2009, as she was included in the list of teachers working without salary during the relevant time. The 3rd respondent also held that the post cannot be upgraded as Full Time as Group-C diversion was limited by the 3rd respondent only up to the academic year 2010-2011. Aggrieved by the said Ext.P16 order, the petitioner has filed the writ petition.