IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WA.No. 1665 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36387/2007 Dated 28/03/2008 .................... APPELLANTS/RESPONDENTS 3 TO 5: ----------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2: ------------- 1. JYOLSNA S., LECTURER, DEPARTMENT OF ECONOMICS, N.S.S.HINDU COLLEGE, CHANGANASSERY. 2. DHANYA B. NAIR, LECTURER, DEPARTMENT OF HISTORY, N.S.S. HINDU COLLEGE CHANGANACHERRY 3. HARIPRIYA M., LECTURER, DEPARTMENT OF HISTORY, N.S.S.HINDU COLLEGE, CHANGANASSERY. 4. REGHUNATH N., LECTURER, DEPARTMENT OF POLITICS, N.S.S. HINDU COLLEGE, CHANGANACHERRY. 5. THE MANAGER/SECRETARY, N.S.S. COLLEGE CENTRAL COMMITTEE, CHANGANACHERRY -2. 6. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R6 SRI.BABU VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- W.A.NO.1665 OF 2008 () ----------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T KOSHY,J. This appeal is filed against the interim order passed by the learned Single Judge to provisionally disburse the monthly salary for the period, 3rd respondent had worked as a teacher. The above order was passed and the appellant did not file any counter affidavit despite repeated opportunities given. The impugned interim order does not prohibit the appellant from continuing any legal proceedings permitted by law. Since it is an interim order passed by the learned Single Judge, we are not entertaining the appeal on the facts of this case. Appellant, if he choses, may file a detailed counter affidavit before the learned Single Judge for an early disposal of the writ petition. W.A.1665/08 2 With the above observations, this appeal is disposed of. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008