IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 3563 of 2005(Y) ------------------------- PETITIONER: ------------ SALIM M. PRABHAKAR, AGED 50 YEARS, S/O. PRABHAKARAN, MULLAMANGALATH, KURIKADU P.O., ERNAKULAM, WORKING AS MUSIC TEACHER IN CHOICE SCHOOL, NADAMA EAST, THRIPUNITHURA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHAKENDRA-2, COMMUNITY CENTRE PREET VIHAR, DELHI-110 092. 2. JOINT SECRETARY (AFFILIATION), CBSE, DELHI, SHIKSHAKENDRA-2, DELHI-110 092. 3. REGIONAL OFFICER, CBSE, CHENNAI. 4. CHOICE SCHOOL, REPRESENTED BY ITS PRINCIPAL, NADAMA EAST, THRIPUNITHURA. 5. THE CHIARMAN, CHOICE SCHOOL, NADAM EAST, THRIPUNITHURA. BY ADV. SRI.C.A.MAJEED FOR R4 & R5 SRI.M.P.RAMACHANDRAN NAIR (SR.) FOR R1 TO R3 SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.3563/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER OF THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCLATION DTD. 23/2/2004. EXT.P2 TRUE COPY OF THE LAWYER NOTICE DTD. 4/4/2004 ISSUED BY THE REGISTERED POST TO THE 4TH AND 5TH RESPONDENTS. EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 25/1/2005. EXT.P4 TRUE COPY OF THE ORDER DTD. 20/11/2007 IN C.R.P.No.500/05 OF THIS COURT. RESPONDENTS'EXTS: EXT.R4A PHOTOCOPY OF THE CONTRACT OF SERVICE ENTERED INTO BETWEEN THE PETITIONER AND THE MANAGEMENT OF THE SCHOOL. EXT.R4B RELEVANT PAGE OF THE AFFILIATION BYELAWS OF CBSE SHOWING RULE 29(2). EXT.4C PHOTOCOPY OF THE TERMINATION LETTER. EXT.R4D PHOTOCOPY OF THE PLAINT O.S.NO.1348/03 FILED BY THE PETITIONER BEFORE THE HON'BLE MUNSIFF'S COURT, ERNAKULAM. EXT.R4E PHOTOCOPY OF THE COUNTER AFFIDAVIT FILED BY THESE RESPONDENTS. EXT.R4F PHOTOCOPY OF THE WRIT PETITION 31106/03 FILED BY THE PETITIONER BEFORE THIS COURT. EXT.R4G PHOTOCOPY OF THE JUDGMENT DTD. 6/10/2003 IN W.P(C). NO.31106/2003. EXT.R4H PHOTOCOPY OF THE JUDGMENT IN O.S.1348/03 OF THE MUNSIFF'S COURT, ERNAKULAM. EXT.R4I PHOTOCOPY OF THE MEMORANDUM OF APPEAL IA.S.NO.200/04. EXT.R4J PHOTOCOPY OF THE RECEIPT DTD. 23/6/2003. EXT.R4K COPY OF THE REVIEW PETITION DTD. 22/3/04. P.R.RAMAN, J. --------------------------- W.P.(C).No.3563 OF 2005 ---------------------------- Dated this the 27th day of May, 2008 JUDGMENT Petitioner was working as a Music Teacher in Eastern Music in the Choice School, the 4th respondent herein. Petitioner's service was terminated by the school authorities. Hence, he approached the Central Board of Secondary Education (CBSE), since the school is affiliated to CBSE. Since his grievance was not looked into by that authority, petitioner had preferred O.P.No.31106/2003 before this Court and this Court directed the CBSE to dispose of the appeal (Ext.P3 produced in the said O.P.) within a time limit. By Ext.P1 the CBSC disposed of the appeal holding that the termination of his service is invalid. Ext.P1 is dated 23rd February, 2004. Petitioner was however not reinstated nor his salary paid despiting Ext.P1 order. Petitioner had filed an Original Suit before the Munsiff's Court and the Munsiff's Court partly decreed the suit. There was an appeal to the District Court by the petitioner and in that appeal he sought to withdraw the suit itself, which was allowed, which was the subject matter of challenge in C.R.P.No.500/05 filed before this Court. This Court by order dated -2- W.P.(C).No.3563/2005 20/11/2007 partly allowed the C.R.P. and the order impugned in the C.R.P. is modified directing the plaintiff (petitioner herein) to pay a sum of Rs.5,000/- as cost to the respondent. In the result, there is no adjudication of any dispute by the civil court. What is now in force is only Ext.P1. Since the school authorities did not take any action following Ext.P1, the petitioner has preferred Ext.P3 representation before the CBSE. 2. The learned counsel for the CBSE submits that since the appeal from the judgment of the Munsiff's Court was pending before the District Court, they did not pass any order on Ext.P3. Now that the final adjudication is over and the suit itself stood as withdrawn by the final verdict of this Court in the C.R.P. as aforesaid, it is for the CBSE to consider and dispose of Ext.P3 in accordance with law, after hearing the parties. 3. Accordingly, I direct the CBSE to dispose of Ext.P3, after affording an opportunity of being heard to the petitioner as well as the school authorities, as expeditiously as possible, at any rate within a period of three months. Writ Petition is disposed of as above. P.R.RAMAN, Judge. kcv.