IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WA.No. 2122 of 2005(C) --------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.6888/2003 Dated 14/06/2005 .................... APPELLANT: PETITIONER: -------------------------------------- P. MOHAMMED RASHEED, HEADMASTER, GOVERNMENT L.P.S., VETTIYAR, MAVELIKKARA. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS/RESPONDENTS --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA & LAKSHADWEEP, ACCOUNTANT GENERAL'S OFFICE, TRIVANDRUM. 3. THE DY.DIRECTOR OF EDUCATION, ALLEPPEY. 4. THE ASST.EDUCATIONAL OFFICER, MAVELIKKARA. BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.2122 OF 2005 ------------------------------------- Dated 18th July, 2008 JUDGMENT Koshy,J . We have gone through the impugned judgment in detail. In view of Ext.P5 judgment which was accepted by the Supreme Court, we are unable to accept the reasons given in the impugned judgment. However, after Ext.P5 judgment, Government issued G.O.(P)206/2003/Fin. dated 5th April, 2003. As facts have to be evaluated, without expressing any opinion on the merits of the matter, we direct the Government to re-examine the matter in the light of Government Order dated 5th April, 2003. Appellant is also directed to file a detailed representation within one month from today and within two months of the date of representation, the matter should be considered by the Government, untrammelled by the observations of the learned single Judge. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks