IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 27876 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. PRASANTH N.KAIMAL, JUNIOR SANSKRIT TEACHER (FULL TIME), MUSLIM L.P.SCHOOL, MYLOOR, PALLARIMANGALAM P.O., KOTHAMANGALAM. 2. HAMSA.P., URDU TEACHER (FULL TIME), MUSLIM L.P.SCHOOL, MYLOOR, PALLARIMANGALAM P.O., KOTHAMANGALAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, RPERESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, PIN 686691. 3. THE HEADMASTER, MUSLIM L.P.SCHOOL, MYLOOR, PALLARIMANGALAM P.O., KOTHAMANGALAM, PIN 686671. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.27876 OF 2010 ------------------------------ Dated this the 8 th day of October, 2010 JUDGMENT The petitioners are working as Junior Sanskrit Teacher (Full Time) and Junior Urdu Teacher(Full Time) respectively in Muslim L.P.School, Myloor. As per Ext.P6 order dated 13.10.2009, the Government directed the Deputy Director of Education to abolish one part-time post of Sanskrit and Urdu. That order was challenged by the petitioners in WP(C) No.33671 of 2009. This court set aside Ext.P6 order dated 13.10.2009 (Ext.P16 marked in WP(C) No.33671 of 2009) and granted liberty to the Government to pass fresh orders after affording an opportunity of being heard to the Manager and the petitioners. On 17.05.2010 Ext.P8 notice was issued by the Government directing the petitioners to appear for a personal hearing. The petitioners say that the matter was not disposed of by the Government. W.P.(C).No.27876 OF 2010 2 2. While so, the Assistant Educational Officer issued Ext.P10 order dated 22.6.2010 directing the Headmaster to withhold the salary of the petitioners for the month of July 2010 onwards until the Government passes orders as per the hearing held on 11.6.2010. In Ext.P10, reference is made to Ext.P6 order which was quashed by Ext.P7 judgment. According to the petitioners, Ext.P10 is in violation of Ext.P7 judgment. The basis of issuing Ext.P10 order by the Assistant Educational Officer was Ext.P6 order, which was quashed by this Court in Ext.P7 judgment. 3. Learned Government Pleader, on instructions, submitted that the Government have not disposed of the matter as directed in Ext.P7 judgment, though a hearing was held by the Government. When Ext.P6 order was quashed by this Court, the Assistant Educational officer was not justified at all in issuing Ext.P10 W.P.(C).No.27876 OF 2010 3 order directing the Headmaster to withhold the salary of the petitioners. Ext.P10 order is therefore, quashed. The Writ Petition is therefore allowed and Ext.P10 order is quashed. K.T.SANKARAN, JUDGE. cms