IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 195 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.207/2010 Dated 18/01/2010 .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, REPRESENTED BY ITS EXECUTIVE VICE -PRESIDENT,SASTHRABHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED RESPONDENT(S): PETITIONER & RESPONDENTS --------------------------------------- 1. DR.M.BABA, DIRECTOR, CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 4. DR.T.RADHAKRISHNA, SCIENTIST F, IN-CHARGE OF DIRECTOR, CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, THIRUVANANTHAPURAM. ADV. SRI.ELVIN PETER P.J. FOR R1 SMT.POOJA SURENDRAN FOR R1 GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, ALONG WITH W.A.202/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. Nos.195 & 202 of 2010 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. These are appeals filed by the second and first respondents in the writ petition, respectively. Dr.M.Baba, the first respondent in both the appeals, was the Director of Centre for Earth Science Studies (for short, 'CESS') for the last ten years. His tenure is going to expire on 28.2.2010. While so, the Government issued Annexure I order, produced in W.A.202/2010, asking the Kerala State Council for Science, Technology and Environment, to remove him from the post of Director of CESS and post him as Scientist 'G'. In implementation of the said order, the impugned orders, Exts.P8 and P9 in the writ petition, were passed. As a result, the first respondent was removed from the post of Director of CESS and posted as Scientist 'G'. The learned Single Judge, after hearing both sides, passed an interim order, permitting the first respondent to continue in the post of Director, CESS. The respondents in the writ petition were given time to file a detailed counter affidavit, with supporting documents to substantiate the allegations against the petitioner. The interim order was to remain in force till such an affidavit was WA Nos.195 & 202/2010 2 filed. Feeling aggrieved by the said direction of the learned Judge, the respondents 2 and 1 respectively, have preferred these Writ Appeals. They pointed out that whatever relief sought in the writ petition has been granted, by way of an interim order and therefore, they prayed, the Appellate Court may interfere. 2. We notice that the interim direction issued by the learned Single Judge is in the form of an ad interim order, which could be varied on hearing, after filing the counter affidavit. In other words, it is not an interim order made absolute, which is to remain during the pendency of the writ petition. In view of the above position, going by the principles laid down by this Court in K.S.Das v. State of Kerala (1992(2) KLT 358 (F.B.), these Writ Appeals are not maintainable. Accordingly, they are dismissed, but, without prejudice to the contentions taken by both sides. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. Nos.195 & 202 of 2010 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.