IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 RP.No. 790 of 2011(M) --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3122/2010 Dated 04/10/2011 .................... REVIEW PETITIONER(S): RES.2 TO 4 IN THE WPC ---------------------------------------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 2.THE DIRECTOR OF PUBLIC INSTRUCTION,THIRUVANANTHAPURAM. 3. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.NISHA BOSE RESPONDENT(S): PETITIONERS AND 1ST RESPONDENT IN THE WPC -------------------------------------------------------------------------------- 1. A.V.SATHYABHAMA, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 2. SREEJA KODUVALLY, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 3. P.K.INDIRA, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 4. T.PRAVEEN, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 5. O.P.JISHA, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 6. A.V.SATHEESAN, H.S.A., MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. 7. THE MANAGER,MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. BY SR. ADV. SRI.P.RAVINDRAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.790/2011 in I.A. No.15436/2011 in W.P.(C) No.3122/2010 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2011. O R D E R Heard learned Government Pleader appearing for the review petitioners and learned Senior Counsel appearing for the writ petitioners. 2. The review petition is filed against the interim order dated 4.10.2011. The stand taken in the review petition is that as far as respondents 4 to 6 are concerned, there are no sanctioned posts. 3. The matter in issue between the parties will have to be considered in the writ petition. This Court, after hearing the parties and finding that there is a prima facie case, passed the interim order. It was made clear in the interim order itself that the disbursement of eligible amount to the petitioners will be subject to further orders to be passed in the writ petition. 4. Even though learned Government Pleader vehemently contended that the order requires a review, I am not satisfied that grounds have been made out for reviewing the order. I do not find any apparent error in the order also. In that view of the matter, the review petition is dismissed. It is RP 790/2011 2 clarified that payment of salary as directed in the interim order, will be subject to the outcome of the writ petition and if the writ petition is ultimately dismissed, the petitioners will refund the amount. As the period provided in the interim order has already expired, the salary will be disbursed within a period of three weeks. (T.R. Ramachandran Nair, Judge.) kav/