IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 14984 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------- DEVADAS SUKUMARAN, AGED 39 YEARS, S/O. JOSEPH SUKUMARAN, RESIDING AT CSI MISSION COMPOUND, MADAI.P.O, KANNUR DISTRICT, PEON (UNDER SUSPENSION) BEMUP SCHOOL, KANNUR, BURNASSERY, KANNUR DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): -------------------------- 1. THE CORPORATE MANAGER, ALL CSI SCHOOLS IN MALABAR AND WYNAD, BANK ROAD, CALICUT - 673 001. 2. THE HEAD MASTER, BEMUP SCHOOL, KANNUR, BURNASSERY, KANNUR DISTRICT. 3. THE ASST. EDUCATIONAL OFFICER, KANNUR NORTH. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADVS.MR.BABU JOSEPH KURUVATHAZHA MRC.P.SIVADASAN NAIR. R3 & R4 BY GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, ALONG WITH WPC NO. 22418 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14984/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CIRCULAR DTD. 16.6.08 ISSUED BY THE SIT RESPONDENT. P2:- COPY OF THE ORDER DTD. 14.1.09 OF THE 4TH RESPONDENT. P3:- COPY OF THE SHOW CAUSE NOTICE DTD. 16.4.09 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P4:- COPY OF THE REPLY DTD. 21.4.09 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P5:_ COPY OF THE PROCEEDINGS DTD. 24.4.09 OF THE IST RESPONDENT. P6:_ COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 25.4.09. P7:- COPY OF THE REPRESENTATION DT. NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P8:- COPY OF THE PROCEEDINGS DTD. 8.5.09 OF THE 3RD RESPONDENT. P9:- COPY OF THE REPRESENTATION DTD. 16.5.09 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. R1(a):- COPY OF THE ORDER NO.17123/F2/09/GEDN. EDN. DTD. 3.4.09 ISSUED BY THE GOVERNMENT . R1(b):- COPY OF THE ABOVE NEWS ITEM PUBLISHED IN THE SUDHINAM DAILY DTD. 10.4.09. R1(c):- COPY OF THE LETTER DT. 2.5.09 ISSUED BY THE SENIOR SUPERINTENDENT FULL ADDITIONAL CHARGE OF 3RD RESPONDENT. R1(d):- COPY OF THE REVISION PETITION DTD. 18.5.09 FILED BY THE IST RESPONDENT BEFORE THE GOVERNMENT. TRUE COPY P.S . TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 14984/09-P & 22418/09-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2009. JUDGMENT The petitioners in these writ petitions are respectively the Peon under suspension as well as the Manager of the school. The petitioner in W.P.(C) No.14984/2009 was suspended by the Manager, as per Ext.P5 order dated 24.4.2009. Challenging the same, the petitioner approached the third respondent. By Ext.P8 order dated 8.5.2009, the petitioner was ordered to be reinstated in service. This writ petition is filed seeking for a direction to implement the said order. It is pointed out by the petitioner that to his knowledge, the Manager had not challenged Ext.P8 order before any superior authority. Even though an interim order was granted by this Court, he was not reinstated. Learned counsel for the petitioner submitted that the petitioner is entitled to be paid salary pursuant to Ext.P8. 2. The Manager has filed a detailed counter affidavit in the writ petition and has filed W.P.(C) No.22418/2009 seeking for a direction to dispose of Ext.P9 revision petition, filed against Ext.P8. 3. Since Ext.P9 revision petition is pending before the Government, there will be a direction to the first respondent in W.P.(C) No.22418/2009 to wpc 14984/09 & 22418/09 2 take a decision on Ext.P9, after hearing the petitioner/Manager and the third respondent who is the petitioner in W.P.(C) No.14984/2009, within a period of one month from the date of receipt of a copy of this judgment. Pending disposal of the revision petition, the department will disburse the amount of salary to the petitioner in W.P.(C) No.14984/2009, from the date of the order of reinstatement, namely, Ext.P8. Admittedly, the Revisional Authority has not passed any interim order staying implementation of Ext.P8. The same will be subject to further orders to be passed in the revision petition. The admissible salary will be disbursed within a period of two weeks from the date of production of a copy of this judgment. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/