IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WA.No. 136 of 2010() -------------------- AGAINST THE ORDER IN WPC.27303/2009 Dated 19/01/2010 .................... APPELLANT(S): PETITIONER ------------------------ SUMANGALA.K., H.S.A. (HINDI), GOVT.HIGH SCHOOL, PARAVOOR, ALAPPUZHA. NOW ON DEPUTATION TO BLOCK RESOURCE CENTRE, S.S.A., ALAPPUZHA. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE HEAD MASTER /MISTRESS, GOVT.HIGH SCHOOL PARAVOOR, ALAPPUZHA. 5. ACCOUNTANT GENERAL OF KERALA (A &E), THIRUVANANTHAPURAM. 6. STATE PROJECT DIRECTOR (SSA) KERALA, SSA, THIRUVANANTHAPURAM. 7. DISTRICT PROJECT OFFICER, SSA, ALAPPUZHA. BY G.P.SMT. SMITHA SUKUMARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------- W.A.No.136 of 2010 ---------------------------------------- Dated 27th January, 2010 JUDGMENT Balakrishnan Nair, J. This appeal is against an interim order. The learned Single Judge has declined the interim relief sought by the appellant so as to enable her to continue in service pending hearing the writ petition. It is an order passed in the discretion of the learned Single Judge. The discretion exercised by the learned Judge cannot be said to be perverse or arbitrary. A plausible view has been taken on the facts. Therefore, this Court is not justified in interfering with the same in an appeal under section 5 of the Kerala High Court Act. But, we make it clear that we have not expressed any opinion on the merits of the legal question raised by her in the appeal, i.e., the notice will not have any efficacy as the same was not issued in accordance with law. If the appellant moves for an early hearing of the writ petition before the learned Single Judge, the learned Judge may consider giving some preference to the hearing of the case. Subject to this observation, the appeal is dismissed. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge TKS