IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18939 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. BENNY K.JOSEPH,S/O.JOSEPH,AGED 38 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), SARVAJANA HIGH SCHOOL,PUTHUCODE,PALAKKAD DISTRICT. 2. K.T.JOSE,UPPER PRIMARY SCHOOL ASSISTANT, -DO- -DO- 3. A.SATHEESH,HIGH SCHOOL ASSISTANT (HINDI) -DO- -DO- BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18939/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioners are Teachers in Sarvajana High School, Puthucode and their services have been approved also. The third respondent, District Educational Officer is the present Manager of the School. The staff fixation order for the year 2008-09 is produced as Ext.P1. 2. The Super Check Cell visited the school on 24/11/2008 and 11/12/2008 and alleging bogus admission and proposing revision of staff fixation 2008-09, Ext.P2 notice was issued. By Ext.P3 reply was given by the second petitioner and Ext.P4 is the reply given by the Headmistress of the School. The same are pending. 3. The petitioners have pointed out that by Ext.P5, the salary of the Teachers are withheld by the District Educational Officer relying on Ext.P2 notice. Ext.P6 is produced to show that the visit by Super Check Cell since November onwards or after the commencement of the third term and attempt to revise staff fixation order is made impermissible by the Government by it. 4. In these circumstances, they pray that the second respondent may be directed to consider Exts.P3 and P4 and pass an earlier order as W.P.(C). No.18939/2009 -:2:- otherwise, the staff fixation for the year 2009-10 may intervene which may cause further hardship to them. 5. There will be a direction to the second respondent to take a decision on Exts.P3 and P4 after hearing the petitioners and the Manager within a period of one month 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.) ms