IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16857 of 2008(F) PETITIONERS: ------------------- 1. CARMEL EDUCATIONAL AGENCY OF CMI SCHOOLS, CARMEL PROVINCIAL HOUSE, MUVATTUPUZHA-686 661, REPRESENTED BY THE CORPORATE MANAGER. 2. FR. BOBY JACOB, HSA (SS), INFANT JESUS HIGHER SECONDARY SCHOOL, VAZHAKULAM. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENTS: ---------------------- 1. SECRETARY TO GOVERNMMENT, GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 16857 OF 2008 F -------------------------------------------- Dated this the 6th June, 2008 JUDGMENT The first petitioner is a private educational agency, which runs schools. The second petitioner is a High School Assistant appointed by the first petitioner. The appointment of the second petitioner was duly approved as per the endorsement on Ext.P1 appointment order. It is stated that the probation of the second petitioner was duly declared on 4.6.2007 and that he was drawing salary. 2. It is stated that the first petitioner received a copy of Ext.P2 report on audit of accounts. In Ext.P2, the District Educational Officer was directed to take urgent steps for cancellation of the order of appointment of the second petitioner. Ext.P3 letter dated 1.4.2008 was issued by the District Educational Officer to the Corporate Manager, forwarding the audit report for urgent remarks and necessary action. The reply along with supporting documents were directed to be furnished. The Corporate Manager, submitted Ext.P4 dated 29.4.2008 in reply to Ext.P3. The District Educational Officer has passed Ext.P5 order dated 26.4.2008, even before the receipt of Ext.P4, sent by the Corporate Manager. Ext.P5 is under challenge in this Writ Petition. Ext.P5 reads as follows: W.P.(C) NO.16857 OF 2008 F :: 2 :: “Please refer this office letter of even No. dated 1.4.08. Copy of the Audit Report has already been forwarded to you vide that reference. In this regard I am to inform you that since Director of Public Instructions has objected the approval of appointment of the following teacher of your school, salary to them from April 2008 can be paid only after the objection are dropped.” 3. The relief prayed for in the Writ Petition is to quash Ext.P5 by the issue of a writ of certiorari. There is also a prayer for the issue of a writ of mandamus directing the respondents to disburse the salary due to the second petitioner for the months of April and May, 2008. 4. Heard the learned counsel for the petitioners and the learned Government Pleader. It is not disputed that the matter has to be disposed of by the Director of Public Instructions finally. Even in Ext.P5, it is stated that salary from April 2008 shall be paid only after the objections are dropped. It is for the Director of Public Instructions to consider and decide whether the objections are to be dropped. In view of the withholding of the salary as per Ext.P5, it is absolutely necessary that the Director of Public Instructions shall look into the matter and pass final orders considering Ext.P4 reply submitted by the Corporate Manager and also affording an opportunity of being heard to the petitioners. The Director of Public Instructions shall pass orders within a period of one month from today. If the matter is not disposed of by the Director of Public Instructions within the aforesaid period, the second petitioner shall be paid W.P.(C) NO.16857 OF 2008 F :: 3 :: salary from April 2008 onwards, subject to the disposal of the matter by the Director of Public Instructions. The petitioners undertake that they will not seek adjournment when the matter is posted before the Director of Public Instructions. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/