IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 11830 of 2009(W) --------------------------------- PETITIONER: -------------- V. PRABHAKARAN, H.S.A (URDU), M.N.K.M. HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. BY MR.P.K.SURESH KUMAR, ADVOCATE. MS.P.JAYALAKSHMI, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. MANAGER, M.N.K.M HIGHER SECONDARY SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT. 5. HEADMISTRESS, M.N.K.M HIGHER SECONDARY SCHOOL, CHITTLANCHERRY, PALAKKAD DISTRICT. BY MR.K.P.RAMADASAN, ADVOCATE, FOR R5. MS. T.B. REMANY, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11830/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF STAFF FIXATION ORDER DTD. 18.11.2008 ISSUED BY THE 3RD RESPONDENT. EXT. P2 : COPY OF REVISION PETITION DTD. 27.1.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT. P3 : COPY OF ORDER No.B3/28211/08 DTD. 7.2.2009 ISSUED BY THE 2ND RESPONDENT. EXT. P4 : COPY OF JUDGMENT DTD. 20.2.2009 IN W.P.(C) No.5597/2009 PASSED BY THIS HON'BLE COURT. EXT. P5 : COPY OF ORDER DTD. 17.3.2009 IN I.A.No.3851 OF 2009 IN W.P.(C) No.5597/2009 PASSED BY THIS HON'BLE COURT. EXT. P6 : COPY OF REPRESENTATION DTD. 24.3.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. 5TH RESPONDENT'S EXHIBITS: EXT. R5/1 : COPY OF THE RELIEVING ORDER TO THE PETITIONER DTD. 13.2.09. EXT. R5/2 : COPY OF THE HEARING NOTICE ISSUED BY R1 THE DPI AS PER HIGH COURT DIRECTION IN W.P.(C) 5597/09 FILED BY THE PETITIONER DTD. 31.3.09. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11830 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T It is agreed that the writ petition can be disposed of in the light of the subsequent developments pursuant to the interim order passed by this Court. 2. The petitioner is working as H.S.A (Urdu) in M.N.K.M. Higher Secondary School, Palakkad. He had approached this Court earlier by filing W.P.(C) No.5597/2009, which was disposed of by Exhibit P4 judgment. This Court by the said judgment directed the Director of Public Instruction to dispose of Exhibit P2 revision petition filed by the petitioner from Exhibit P1 staff fixation order and pass orders thereon within two months from the date on which the petitioner produces a certified copy of the judgment. Thereafter, Exhibit P5 interim order clarifying the judgment was rendered. 3. Presently, the petitioner has sought for a direction commanding the respondents to permit him to continue in service W.P.(C) No.11830/09 2 as H.S.A (Urdu) till orders are passed on the revision petition and disburse the salary due to him from February 2009 onwards, and to allow him to sign the attendance register. On 08.04.2009, this Court passed the following interim order: “........There will be an interim order directing the official respondents to disburse to the petitioner arrears of salary and allowances and to continue to pay the same at the applicable rates until further orders. Such payment will be subject to the outcome of the revision petition filed by the petitioner before the Director of Public Instruction”. It is reported that the interim order has been complied with and the petitioner is presently receiving monthly salary also. Hence no further direction is called for in this writ petition and the writ petition is disposed of maintaining the interim order. As directed in Exhibit P4 judgment, the revision petition will be disposed of by the Director of Public Instruction within the time limit provided therein. T.R. RAMACHANDRAN NAIR JUDGE smp