IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WA.No. 978 of 2010() -------------------- AGAINST THE ORDER IN WPC.14090/2010 .................... APPELLANT/PETITIONER: ------------------------- K.N.BABURAJAN, KIZHAVANAL, MUTTOM P.O., KOTTAYAM, NOW WORKING AS POSTAL ASSISTANT, PALA HEAD POST OFFICE, KOTTAYAM DISTRICT. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN SMT.P.A.RINUSA RESPONDENTS/PETITIONER & RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, REP.BY ITS CHAIRMAN, SCHEDULES CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. KIRTADS REP.BY ITS DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYOOR, KOZHIKODE-17. 4. THE CHIEF POSTMASTER GENERAL, KERALA, THIRUVANANTHAPURAM. G.P. SMT.T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.978 of 2010 .................................................................... Dated this the 16th day of June, 2010. JUDGMENT Ramachandran Nair, J. Heard Senior counsel appearing for the appellant, Special Government Pleader for respondents 1 to 3 and Standing Counsel for 4th respondent. Appeal is filed against interim order issued by the learned Single Judge vacating an earlier interim order of stay granted by him. We notice that the court has reconsidered materials on record and found that appellant is not eligible to continue in service. We do not think there is any scope for reappraising evidence to examine whether the finding of facts by lower authorities based on which interim order is issued, is correct or not. We, therefore, dismiss the appeal. However, considering the nature of issue raised, we feel the 2 learned Single Judge should hear the Writ Petition at the earliest. Appellant can move for early hearing of the Writ Petition. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms