Kerala High Court
Shini P.P vs The State Of Kerala on 4 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 17346 OF 2015
PETITIONER/S:
SHINI P.P
AGED 50 YEARS
SANSKRIT TEACHER, KARTHIKAPPALLI NO.1 UP SCHOOL,
VATAKARA, KOZHIKODE DISTRICT.
BY ADV SRI.R.K.MURALEEDHARAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, TRIVANDRUM-695 001.
2 THE ASSISTANT EDUCATIONAL OFFICER
THODANNUR, KOZHIKODE DISTRICT-673 101.
OTHER PRESENT:
SRI. BIJOY CHANDRAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Sathish Ninan, J.
===============================
WP(C) No.17346 of 2015
===================================
Dated this the 04th day of April, 2024
JUDGMENT
As per Ext.P1 appointment order dated
01.06.2009, the petitioner was appointed as
Sanskrit Teacher (Part Time) in the Karthikappalli
No.1 UP School. The claim of the petitioner for
grant of full time benefit of Sanskrit Teacher with
effect from 01.06.2014, was rejected by the
authorities. It is accordingly that the petitioner
has approached this Court.
2. I have heard the learned counsel for the
petitioner and also the learned senior Government
Pleader.
3. The petitioner claims the benefit of G.O(MS)
No.62/73/S.Edn dated 02.05.1973. Clause (vi) of the
said Government Order reads thus:
"(vi) Conversion of part-time language
teachers into full-time.
The formula for creating full-time
posts in independent high schools and U.P
schools attached to high schools will be
extended to independent U.P schools and L.P
schools and U.P schools with attached L.P
schools. Besides this, part-time language
teachers who have put in more than 5 years
service and have 8 periods of work shall
henceforth be made full-time. The
utilisation of the services of these
teachers for teaching regular classes and
other subjects and giving them adequate work
will be examined by the Director of Public
Instruction. This will be with effect from
the academic year 1973-74."
4. Ext.P5 is the certificate dated 04.06.2015
issued by the Head Master of the School. Therein it
is certified that the petitioner had been working
in the School since 01.06.2009 and that she had
been handling 12 periods of work per week since
then. Thus the petitioner is entitled for the
benefit of Clause (vi) of the Government Order. The
above aspect was not given due consideration of, by
the authorities while passing of Ext.P7 order.
Resultantly, the writ petition is allowed.
Ext.P7 order of the 2nd respondent is quashed. It is
declared that the petitioner is entitled to the
full time benefit of Sanskrit Teacher from
01.06.2014 as provided in Clause (vi) of Ext.P3
Government Order dated 02.05.1973.
Sd/-
Sathish Ninan, Judge
SVP
APPENDIX OF WP(C) 17346/2015
PETITIONER EXHIBITS
EXT P1 : A TRUE COPY OF THE APPOINTMENT
ORDER IN FORM 27 AND THE PROCEEDINGS OF
APPROVAL.
EXT P2 : A TRUE COPY OF THE RELEVANT
PAGES OF THE STAFF FIXATION ORDER DATED
14-7-2014.
EXT P3 : A TRUE COPY OF THE
GO(MS)62/73/S.EDN DATED 2-5-1973.
EXT P4 : A TRUE COPY OF THE REQUEST
SUBMITTED BY THE HEADMASTER DATED 11-6-
2014.
EXT P5 : A TRUE COPY OF THE CERTIFICATE
ISSUED BY THE HEADMASTER DATED 4-5-2015
EXT P6 : A TRUE COPY OF THE
COMMUNICATION FROM THE 2ND RESPONDENT
DATED 9-10-2014.
EXT P7 : A TRUE COPY OF THE
COMMUNICATION DATED 27-11-2014.
EXT P8 : A TRUE COPY OF THE INTERIM
