IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 35715 of 2010(L) ----------------------- PETITIONER : --------------------- K.C. SANTHOSH KUMAR, S/O. V.C. CHANDRASEKHARAN, AGED 35 YEARS, PEON, S K V HIGH SCHOOL, PATHIYOOR, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690101, ALAPPUZHA DISTRICT. 4. SMT. S. MAYA DEVI, MANAGER, S K V HIGH SCHOOL, PATHIYOOR, KAYAMKULAM-690552, ALAPPUZHA DISTRICT. 5. SMT. S. USHA, HIGH SCHOOL ASSISTANT, S K V HIGH SCHOOL, PATHIYOOR, KAYAMKULAM-690552, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE R4 BY ADVS. SRI.R.HARIKRISHNAN SRI.N.ASHOK KUMAR SMT.A.SINDHULAKSHMY SRI.R.UMASANKAR R5 BY ADVS. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35715 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2011. JUDGMENT The petitioner is aggrieved by Ext.P9 order which is stated to be an order disposing of a revision petition. The complaint raised by the petitioner in this writ petition is that in spite of the direction issued by this Court in Ext.P7 judgment, the parties were not heard before disposing of the matter. 2. The petitioner had approached this Court earlier by filing W.P.(C) No.31653/2010 which was disposed of by Ext.P7 judgment dated 27.10.2010. He was appointed as a Peon in the school managed by the fourth respondent, but the approval was declined which was challenged by the Manager before the Director of Public Instruction. The said revision petition was disposed of by the Additional Director of Public Instruction by order dated 4.9.2010, a copy of which has been produced herein as Ext.P3. Ext.P3 was under challenge in the earlier writ petition filed by the petitioner. The said writ petition was disposed of by issuing the following directions: a) The first respondent shall consider and dispose of Ext.P6 wpc 35715/2010 2 Revision, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and respondents 4 and 5. b) The petitioner shall produce a copy of the writ petition and certified copy of the judgment before the first respondent. c) The petitioner shall also send a copy of the writ petition and copy of the judgment to respondents 4 and 5 by registered post and he shall produce proof of the same before the first respondent.” Before disposing of the revision petition, the parties had to be heard as directed by this Court. Evidently that has not been done while passing the order Ext.P9 and none of the contentions have been considered on merits also. 3. Learned Govt. Pleader submitted that only after disposing of the matter, the judgment was brought to the notice of the Government. 4. In the light of the above, Ext.P9 is quashed. There will be a direction to the Government to reconsider the revision petition in terms of the directions in Ext.P7 judgment and an appropriate order after hearing the parties, as directed in the above judgment will be passed within a period of wpc 35715/2010 3 two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/