IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 12TH JUNE 2007 / 22ND JYAISHTA 1929 WP(C).No. 12161 of 2007(W) PETITIONER: S.USHAKUMARI, HEADMISTRESS, EVANS U.P.SCHOOL, PARASALA, THIRUVANANTHAPURAM-695 502. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-695 014. 3. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. 4. ASSISTANT EDUCATIONAL OFFICER, PARASALA, THIRUVANANTHAPURAM-695 502. 5. MANAGER, EVANS UPS (SCHOOLS), PARASALA, THIRUVANANTHAPURAM-695 502. 6. SMT.P.J.USHA KUMARI, HIGH SCHOOL ASSISTANT (SS), EVANS HIGH SCHOOL, PARASALA, THIRUVANANTHAPURAM-695 502. BY ADV. SRI.N.NANDAKUMARA MENON SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2007, ALONG WITH WPC NO. 12300 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12161 of 2007(W) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the letter dated 1.4.2006, of the 6th respondent. Ext.P2: True copy of the letter dated 15.5.2006 of the 5th respondent. Ext.P3: True copy of the order of the 3rd respondent dated 31.7.2006. Ext.P4: True copy of the revision petition dated 4.8.2006. Ext.P5: True copy of the hearing note dated 1.11.2006. Ext.P6: True copy of the order dated 8.11.2006 of the 2nd respondent. Ext.P7: True copy of the G.O. dated 30.3.2007. // True copy // P.A. to Judge jes A.K.BASHEER, J. ---------------------------------------------------------- W.P.(C)Nos.12161 & 12300 OF 2007 ---------------------------------------------------------- Dated this the 12th day of June, 2007 JUDGMENT Having heard learned counsel for the parties and having perused the materials on record, I am satisfied that these writ petitions can be disposed of on a short ground without going into the merit of the contentions raised by the parties. 2. The order passed by the Government on March 30, 2007 a copy of which is on record as Ext.P7 (G.O.(Rt) No.1476/2007/G.Edn.) in writ petition no.12161/07 is impugned by both petitioners in these two writ petitions. The primary contention raised by the petitioners, who are the teacher and the Manager respectively, is that the Government had passed the above order without hearing them. A perusal of the order shows that the above contention is not without merit. Therefore, I am satisfied that the impugned order is liable to be set aside. I do so. 3. I hasten to add that I have not considered the merit of any of the contentions raised by the parties. It will be open to W.P.(C)Nos.12161 & 12300 OF 2007 :: 2 :: the Government to pass fresh orders in the matter strictly on the merit of the rival contentions and in accordance with law. This shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Needless to mention that petitioners, respondents and all others who are likely to be affected by any order that may be passed shall be afforded sufficient opportunity to be heard before any decision is taken in the matter. Till such time, the order is passed, status quo as on today shall be maintained. Petitioners shall produce the copies of the two writ petitions along with a copy of the judgment before the competent authority for compliance. Writ petition is disposed of as above. A.K.BASHEER, JUDGE jes