IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12161 of 2007(W)
1. S.USHAKUMARI, HEADMISTRESS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTION,
3. DISTRICT EDUCATIONAL OFFICER,
4. ASSISTANT EDUCATIONAL OFFICER,
5. MANAGER, EVANS UPS (SCHOOLS),
6. SMT.P.J.USHA KUMARI,
For Petitioner :SRI.B.RAGUNATHAN
For Respondent :SRI.N.NANDAKUMARA MENON
The Hon'ble MR. Justice A.K.BASHEER
Dated :12/06/2007
O R D E R
A.K.BASHEER, J.
----------------------------------------------------------
W.P.(C)Nos.12161 & 12300 OF 2007
----------------------------------------------------------
Dated this the 12th day of June, 2007
JUDGMENT
Having heard learned counsel for the parties and having
perused the materials on record, I am satisfied that these writ
petitions can be disposed of on a short ground without going
into the merit of the contentions raised by the parties.
2. The order passed by the Government on March 30,
2007 a copy of which is on record as Ext.P7 (G.O.(Rt)
No.1476/2007/G.Edn.) in writ petition no.12161/07 is
impugned by both petitioners in these two writ petitions. The
primary contention raised by the petitioners, who are the
teacher and the Manager respectively, is that the Government
had passed the above order without hearing them. A perusal
of the order shows that the above contention is not without
merit. Therefore, I am satisfied that the impugned order is
liable to be set aside. I do so.
3. I hasten to add that I have not considered the merit of
any of the contentions raised by the parties. It will be open to
W.P.(C)Nos.12161 & 12300 OF 2007
:: 2 ::
the Government to pass fresh orders in the matter strictly on
the merit of the rival contentions and in accordance with law.
This shall be done as expeditiously as possible, at any rate,
within two months from the date of receipt of a copy of this
judgment. Needless to mention that petitioners, respondents
and all others who are likely to be affected by any order that
may be passed shall be afforded sufficient opportunity to be
heard before any decision is taken in the matter. Till such
time, the order is passed, status quo as on today shall be
maintained. Petitioners shall produce the copies of the two
writ petitions along with a copy of the judgment before the
competent authority for compliance.
Writ petition is disposed of as above.
A.K.BASHEER, JUDGE
jes