Kerala High Court
Abdul Saleem P. M vs The State Of Kerala on 27 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 2682 OF 2022
PETITIONER/S:
ABDUL SALEEM P. M.
AGED 40 YEARS
ARABIC TEACHER, AZHIYUR CENTRAL L. P. SCHOOL, P.
O. AZHIYHUR - 673 309, CHOMBALA, VADAKARA,
KOZHIKODE DISTRICT (PUTHIYA MOTTEMMAL, P. O.
OLAVILAM - 673 313, KANNUR DISTRICT)
BY ADV DINESH KUMAR K.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
II, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
MANANCHIRA, KOZHIKODE - 673 001.
4 THE DISTRICT EDUCATIONAL OFFICER
VADAKARA, KOZHIKODE DISTRICT - 673 101.
5 THE ASSISTANT EDUCATIONAL OFFICER
CHOMBALA, KOZHIKODE DISTRICT - 673 308.
6 THE MANAGER
AZHIYUR CENTRAL L P SCHOOL, P. O. AZHIYHUR - 673
309, CHOMBALA, VADAKARA, KOZHIKODE DISTRICT.
OTHER PRESENT:
SMT.NISHA BOSE-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.No. 2682 of 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No. 2682 of 2022
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Dated this the 27th day of January, 2022
JUDGMENT
The petitioner was appointed as a part-time Arabic teacher
on 09.06.2003 and the said appointment was approved.
Subsequently, even though the post of Arabic teacher ought to
have been upgraded to full-time, petitioner contends that in-
spite-of there being sufficient periods and students for Arabic
language, the post was not upgraded as full-time. The reason
stated by the respondents for non sanctioning of the post as full-
time in the year 2006 - 07 was due to the ban imposed by the
Government.
2. According to the petitioner based on the subsequent
clarification, petitioner is entitled to have the post upgraded to
full-time. Aggrieved by the refusal of the respondents to
upgrade the post from the year 2006-07 onwards, a revision
petition has preferred under Rule 92 of the KER before the 1 st
WPC.No. 2682 of 2022
respondent on 14.10.2021. In-spite-of the lapse of almost four
months, the revision petition remains not considered.
3. I have heard the learned counsel for the petitioner as
well as the learned Senior Government Pleader. On a
consideration of the contentions, I am of the view that this writ
petition can be disposed of directing an expeditious
consideration of Ext.P10.
Accordingly, there will be direction to the 1 st respondent to
consider and pass appropriate orders on Ext.P10 as
expeditiously as possible, at any rate, within a period of 3
months from the date of receipt of a copy of this judgment, after
granting an opportunity of being heard to the petitioner.
This writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Dxy
WPC.No. 2682 of 2022
APPENDIX OF WP(C) 2682/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 09.06.2003 AND
APPROVAL RECORDED THEREON.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
HIGHER LEVEL VERIFICATION REPORT DATED
10.10.2006 OF THE DEO, VADAKARA.
Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER
2006-2007 DATED 30.12.2006.
Exhibit P4 TRUE COPY OF THE ORDER
NO.K.DIS.B/4281/2008 DATED 03.11.2008 OF
THE AEO, CHOMBALA.
Exhibit P5 TRUE COPY OF THE ORDER
NO.D.DIS./70163/2011/RA(4)/DPI DATED
30.03.2012 OF THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE REVISION APPEAL FILED
BEFORE THE MINISTER OF EDUCATION BY THE
MANAGER DATED 22.05.2012.
Exhibit P7 TRUE COPY OF THE LETTER
NO.29624/S1/12/G.EDN. DATED 05.06.2012
OF THE GOVT.
Exhibit P8 TRUE COPY OF THE ORDER
NO.RA(4)/40153/12/DPI/K.DIS. DATED
09.05.2014 OF THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE CIRCULAR
NO.J3/125/2019/G.EDN. DATED 14.08.2019
OF THE GOVERNMENT.
Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 14.10.2021.
