IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 RP.No. 64 of 2008() ------------------- AGAINST THE JUDGEMENT/ORDER IN WA.1378/2005 Dated 26/07/2007 .................... : REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN THE OP: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAI. 4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENTS: PETITIONER & 5TH RESPONDENT IN THE OP: --------------------------------------------------- 1. JOSSY STEPHEN, S/O. V.K.STEPHEN, PHYSICAL EDUCATION TEACHER, ST.MATHEWS HIGH SCHOOL KANNANKARA, THANNEERMUKKOM (PRESENTLY WORKING IN HOLY CROSS HIGH SCHOOL, MONIPPILLY,P.O.MONIPPILLY, KOTTAYAM DISTRICT. 2. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS DIOCEASE OF KOTTAYAM, THE CATHOLIC BISHOP'S HOUSE, P.B.NO.71, KOTTAYAM-686 001. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & ANTONY DOMINIC, J. ----------------------------------------------- RP. No. 64 OF 2008 IN W.A.No. 1378 OF 2005 ----------------------------------------------- Dated this the 15th day of February, 2008 O R D E R Pius C.Kuriakose, J. We have heard the submissions of Sri.Benny Gervasis, learned Government Pleader and those of Sri.V.A. Muhammed, counsel for the respondent. Mr.Benny Gervasis submitted that the directions in paragraph 2 of the judgment creates a situation whereby the Government is compelled to pay the salary to the appellant, even for the period during which he did not work in a sanctioned post. This in turn will give rise to the Government initiating proceedings against teachers who had actually worked and directing them to refund the amount paid to them. Sri.V.A. Muhammed, learned counsel for the respondent submitted that the whole issue can be directed to be considered by the Government. 2. Under these circumstances we allow the review petition and delete paragraph 2 of the judgment sought to be reviewed and direct the Government to decide the issues as to whether there was any sanctioned post for accommodating the petitioner during the period subsequent to 15-7-1996 and if there was no such post whether the WP(C)N0. -2- respondent was entitled for protection. Orders will be passed by the Government after hearing the respondent as well as anybody else who according to the Government will be affected by the orders to be passed. (PIUS C.KURIAKOSE, JUDGE) (ANTONY DOMINIC, JUDGE.)