IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 15956 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ BINDU C.NAIR, H.S.A. (PHYSICAL SCIENCE), VISWABHARATHI S.N.H.S.S. NEEZHOOR, KOTTAYAM. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADV. SRI.P.K.MANOJKUMAR, SMT.HENA BAHULEYAN. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY, KOTTAYAM-686 604. 3. V.N. RADHAMONY (H.S.A.) (PHYSICAL SCIENCE) VISWABHARATHI S.N. HIGHER SECONDARY SCHOOL, NEEZHOOR, KOTTAYAM-686 001. 4. THE MANAGER, VISWABHARATHI S.N. HIGHER SECONDARY SCHOOL, NEEZHOOR, KOTTAYAM-686 001. R1 & R2 BY GOVT. PLEADER SMT.RANI DIOTHIMA. R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND. R4 BY ADV. SRI.V.A. MUHAMMED, SRI.K.E. HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 15956 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.B6-6230/92/K.DIS. DATED 01/06/1992 ISSUED BY THE 4TH RESPONDENT, TO THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATED 05/05/2010 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P3: COPY OF THE ORDER OF APPOINTMENT DATED 01/06/2010 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DATED 10/11/2010 SUBMITTED BY THE PETITIONER TO THE D.E.O., KADUTHURUTHY. EXT.P5: COPY OF THE ORDER NO.B3/1937/2010/K.DIS. DATED 25/11/2010 ISSUED BY THE D.E.O. KADUTHURUTHY, TO THE HEADMASTER VISWABHARATHI S.N.H.S.S. NEEZHOOR. EXT.P6: COPY OF THE REVISION MEMO DATED 20/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, TRIVANDRUM. EXT.P7: COPY OF THE ORDER G.O.(RT) NO.2039/2011/G.EDN. DATED 01/06/2011 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE ORDER NO.3/2011 DATED 13/06/2011 OF THE 4TH RESPONDENT. EXT.R3(b): COPY OF THE ORDER NO.4/2011 DATED 15/06/2011 OF THE 4TH RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15956 of 2011-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2011. JUDGMENT This writ petition is filed by the petitioner challenging Ext.P7 order passed by the Government. One of the grounds raised in the writ petition is that the order Ext.P7 is passed without hearing the petitioner who is adversely affected by the same. Learned counsel appearing for the third respondent also submitted that the third respondent was not heard in the matter. 2. In that view of the matter, the impugned order, Ext.P7 is quashed. The Government will re-hear the revision petition after notice to the petitioner and respondents 3 and 4, and appropriate orders will be passed within a period of three months from the date of receipt of a copy of this judgment. 3. Learned counsel for the Manager submitted that the petitioner was continuing as H.S.A. during the pendency of the revision petition before the Government and in the light of the interim order passed by this Court, the order was revised by the Manager by allowing her to continue. Learned counsel for the petitioner press for continuance of the said arrangement till wpc 15956/2011 2 the revision petition is disposed of by the Government. Since the Manager has allowed the petitioner to continue, the said arrangement will continue subject to further orders to be passed by the Government in the revision petition. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/