IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 36693 of 2008(R) ----------------------- PETITIONER(S): ----------------------- 1. S.S.VIMAL, LOWER PRIMARY SCHOOL ASSISTANT, SREE AYYANKALI SMARAKA UPPER PRIMARY SCHOOL, VENGANOOR, VENGANOOR P.O., THIRUVANANTHAPURAM. 2. T.K. SOBHA, UPPER PRIMARY SCHOOL ASSISTANT, SREE AYYANKALI SMARAKA UPPER PRIMARY SCHOOL, VENGANOOR, VENGANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM, THIRUVANANTHAPURAM. 6. THE MANAGER, SREE AYYANKALI SMARAKA UPPER PRIMARY SCHOOL, VENGANOOR, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 36693 of 2008(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER OF APPROVAL DTD. 30.3.07. EXT.P2 : COPY OF ORDER OF APPROVAL DTD. 26.5.07. EXT.P3 : COPY OF ORDER DTD. 31.3.06 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : COPY OF LETTER DATED 12.6.2006 SENT BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P4A : COPY OF THE LIST OF 36 PRIVATE STUDY PUPILS FOR THE YEAR 2005 BY THE AEO BALARAMAPURAM. EXT.P5 : COPY OF LETTER DATED 21.7.2006 SENT BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. EXT.P6 : COPY OF ORDER DATED 27.1.2007 ISSUED BY THE 5TH RESPONDENT. EXT.P7 : COPY OF LETTER DATED 4.10.2007 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. EXT.P8 : COPY OF RELEVANT PORTION OF AUDIT PARAGRAPH WITH REGARD TO THE STAFF FIXATION ORDER DATED 31.3.2006. EXT.P9 : COPY OF LETTER DATED 2.9.08 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P10 : COPY OF LETTER DATED 11.11.08 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXT.P11 : COPY OF THE REVISED STAFF FIXATION FOR 2008-09 DATED 19.9.08 SANCTIONED BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 36693 of 2008 ================== Dated this the 29th day of June, 2011 J U D G M E N T The petitioners are Lower Primary School Assistant and Upper Primary School Assistant working in an aided school managed by the 6th respondent. Their appointments were duly approved by the 5th respondent. They were drawing salary also. While so, on the basis of Ext.P8 audit objection, by Ext.P10, the petitioners' salary was directed to be withheld. It appears that this was on the ground that the posts which the petitioners were holding were sanctioned irregularly. I am not inclined to go into the contentions on merits, since the petitioners submit that they were not heard before passing Ext.P10 order and they were also not given an opportunity to explain the audit objection. This specific averment is not controverted in the counter affidavit filed by the 2nd respondent. It cannot be doubted for a moment that the action initiated on the basis of the audit objection would entail serious civil consequences to the petitioners as evidenced by the fact that by Ext.P10, salary of the petitioners was sought to be withheld from July, 2008 onwards. Therefore, Ext.P10 order is without complying with the principles of natural justice. Accordingly, Ext.P10 is quashed. The 2nd respondent is directed to reconsider the matter after affording an opportunity of being heard to the petitioners and pass appropriate w.p.c.36693/08 2 orders thereon in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge