IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 27893 of 2009(F) -------------------------------------- PETITIONER: ------------------- SHEENA IDA KAMBIL, ANUGRAHA, 35/384-A, KANNUDIKKA, P.O.VENGERI, CALICUT - 673 010. WORKING AS HSA (ENGLISH), BEM SCHOOL, PARAPANANGADI. BY ADV. MR.K.M.FIROZ. RESPONDENTS: ------------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - PIN.695 014. 4. THE CORPORATE MANAGER, C.S.I.SCHOOL IN MALABAR AND WAYANAD, C.S.I.CORPORATE MANAGER'S OFFICE, BANK ROAD, KOZHIKODE-673 001. 5. THE HEADMISTRESS, B.E.M.HIGH SCHOOL, PARAPPANANGADI. 6. SMT.MARY SMITHA DAVID, H.S.A, M.C.C.H.S.S., KOZHIKODE. R1 TO R3 BY GOVT. PLEADER MR. BIJOY CHANDRAN, R4 BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MRC.P.SIVADASAN NAIR, R6 BY ADV. MR.P.V.KUNHIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27893/2009-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 07/09/2009 ISSUED BY THE R.1. EXT.P.1.A: COPY OF THE COMMUNICATION NO. 76/2009 ISSUED BY THE R.5. EXT.P.2: COPY OF THE ORDER DTD. 20/07/2009 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE MODIFIED TRANSFER ORDER DTD. 11/08/2009. EXT.P.4: COPY OF THE INTERIM ORDER DTD. 19/08/2009 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27893 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009. JUDGMENT The petitioner herein is employed as H.S.A. English under the 4th respondent and is working in B.E.M. High School, Parappanangadi, under the very same management. The petitioner is aggrieved by the orders Exts.P1 and P1(a) whereby there is a direction to the Headmistress to see that the salary paid to the petitioner for the months of June and August, 2009 will be refunded for payment to one Mary Smith David, the 6th respondent herein. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. It is contended by the learned counsel for the petitioner that the above direction was issued without any notice to the petitioner and without hearing her. It is also submitted that the petitioner was not a party to any of the proceedings which resulted in an order by the Director of Public Instruction, dated 27.8.2009. 4. In the light of the submissions made by the learned counsel appearing for either side, I am not going into the merits of the matter. Since wpc 27893/2009 2 Exts.P1 and P1(a) are issued without any notice to the petitioner, the same will stand set aside. There will be a direction to the District Educational Officer to pass orders after hearing the petitioner, the manager and the 6th respondent. The petitioner has got a contention that any fresh orders passed by the higher authorities may not affect the right of the petitioner to get salary in the light of the fact that she had been working during these period in the school. The said aspect may also be considered while passing orders. Appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/