IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 30825 of 2007(T) -------------------------------------- PETITIONER: ----------------- P.J.VARKEY, PULLAT HOUSE, CHEMBANODU P.O., PERUVANNAMUZHA VIA., CALICUT DIST. (HIGH SCHOOL ASSISTANT, CRESCENT HIGH SCHOOL) BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ----------------------- 1. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, WANDOOR, MALAPPURAM DIST. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE MANAGER, CRESCENT HIGH SCHOOL, ADAKKAKKUNDU, KALIKAVU, MALAPPURAM DISTRICT, PIN:676 525. 4. THE HEADMASTER, CRESCENT HIGH SCHOOL, ADAKKAKKUNDU, THALIKAVU, MALAPPURAM DISTRICT, PIN:676 525. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1, R2 ADV. SRI.R.RAMADAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 30825/2007-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 26/09/2005 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE ORDER DATED 21/11/2006. EXT.P3: COPY OF THE ORDER NO.B2/31990/2006 DATED 22/09/2007 BY THE SECOND RESPONDENT. EXT.P4: COPY OF THE REGISTERED LETTER SENT TO THE HEADMINSTRESS DATED 09/10/2007 BY THE PETITIONER. EXT.P5: COPY OF THE REGISTERED LETTER SENT TO THE MANAGER DATED 09/10/2007 BY THE PETITIONER. EXT.P6: COPY OF THE REGISTERED LETTER DATED 10/10/2007 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE COUNTER STATEMENT DATED 26/03/2008 FILED BEFORE THE GOVERNMENT. EXT.P8: COPY OF THE APPLICATION DATED 09/07/2008 PREFERRED UNDER THE RIGHT TO INFORMATION ACT, 2005 BEFORE THE GOVERNMENT. EXT.P9: COPY OF THE LETTER DATED 27/07/2008 ISSUED BY THE PUBLIC INFORMATION OFFICER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 30825 of 2007 -------------------------------------------------------- Dated: SEPTEMBER 30, 2008 JUDGMENT Petitioner is a teacher working under the 4th respondent on appointment by the 3rd respondent Manager. He was involved in a criminal case for an offence under sec.139 of the Negotiable Instruments Act. He got arrested by the police and was remanded to judicial custody on 13.9.2004. It would appear that subsequently he was enlarged on bail and thereafter Ext.P3 order was passed by the 2nd respondent reinstating him in service. The complaint in this writ petition is mainly that the Manager is not implementing Ext.P3. 2. The Manager has now entered appearance and submits that against Ext.P3 he has filed a revision before the Government. It is stated by both sides that the revision was heard by the Government on 26.3.2008 and orders are awaited. It is because of the pendency of the WP(C) 30825/07 2 revision and orders that are awaited, the Manager has not implemented Ext.P3. 3. In view of this I feel that at this stage what is appropriate is that the revisional authority should dispose of the revision. Since the Government is not a party to the writ petition, this Court is disabled from passing any positive direction binding on the Government as well. Be that as it may, it is clarified that it will be open to the petitioner to approach the Government, in which case I have no reason to think that the Government will not expedite the disposal of the revision which has already been heard. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-