IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WA.No. 2757 of 2007() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10782/2006 Dated 10/10/2007 .................... APPELLANT(S): 5TH RESPONDENT IN WPC ------------------------- WILSON THOMAS, HIGHER SECONDARY SCHOOL, TEACHER, MILAD-E-SHERIF, HIGHER SECONDARY SCHOOL, VENGA (PO), SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): RESPONDENTS 1 TO 4 & PETITIONER IN THE WPC -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVT., DEPARTMENT OF HIGHER EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, MILAD-E-SHERIF HIGHER SECONDARY SCHOOL, MYNAGAPPALLI, VENGA (PO), SASTHAMCOTTA, KOLLAM DISTRICT. 4. ABDUL SALAMKUTTY, HIGHER SECONDARY TEACHER, MILAD-E-SHERIF HIGHER SECONDARY SCHOOL, VENGA (PO), SASTHAMKOTTA, KOLLAM DISTRICT. 5. V.V.PRASANNAKUMAR, HIGHER SECONDARY SCHOOL TEACHER, MILAD-E-SHERIF HIGHER SECONDARY SCHOOL, VENGA (PO), SASTHAMCOTTA, KOLLAM DISTRICT. ADV. SRI.BENOY THOMAS FOR R.5 SMT..P.SEEMANTHINI FOR R3 SRI..A.MOHAMMED FOR R4 BY GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2757 OF 2007 ------------------------------------- Dated 4th November, 2008 JUDGMENT Koshy,J . By the impugned judgment, the matter was remanded to the first respondent Government of Kerala for fresh consideration within two months from the date of receipt of a copy of the judgment. It is submitted that the Government has granted opportunity for hearing to all concerned, but, orders are not passed because of the pendency of this writ appeal. Hearing was conducted as early as on 3.12.2007. In the circumstances of the case, we are of the view that the Government can pass the order. Since the matter was already heard, the order should be passed as early as possible, in any event, within one month from the date of receipt of a copy of this judgment. The writ appeal is disposed of leaving the aggrieved parties' right to challenge the above order, to be passed by the Government, according to law. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks