Kerala High Court
Ananthakrishnan V vs State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.13318 OF 2013(L)
PETITIONER:
ANANTHAKRISHNAN V
LOWER PRIMARY SCHOOL ASSISTANT,
JAI HIND L.P.SCHOOL, VALAT, WAYANAD DISTRICT,
RESIDING AT KAMMUNDA VEEDU, P.O.VALAT,
THALPPUZHA (VIA), WAYANAD DISTRICT.
BY ADVS.
SRI.N.MANOJ KUMAR
SMT.JAYASREE MANOJ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATIONAL OFFICER,
WAYANAD, KALPETTA, WAYANAD DISTRICT, PIN CODE-673121.
4 THE ASSISTANT EDUCATIONAL OFFICER,
MANANTHAVADY, WAYANAD DISTRICT, PIN CODE-670645.
5 THE MANAGER,
JAI HIND L.P. SCHOOL, VALAT, WAYANAD DISTRICT,
PIN CODE-670 644.
R1 & R2 BY SRI.SYAMJIRAM, GOVERNMENT PLEADER
R5 BY ADV. SRI.K.LAKSHMI NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13318 OF 2013(L)
2
JUDGMENT
Dated this the 13th day of January 2021
This writ petition was filed challenging Ext.P8 by which the
appointment of the petitioner as Lower Primary school Assistant
at the Jai Hind L.P. School, Valat, Wayanad District was cancelled
by the Manager. From the pleadings in the writ petition, it is seen
that Ext.P8 came to be issued on account of some disputes
regarding the right of the person who appointed the petitioner to
be the Manager of the school. This writ petition was admitted on
28.05.2013 and an interim order of stay was granted staying all
proceedings of approval of termination of the petitioner vide
Ext.P8 and a further direction was also issued directing the 5 th
respondent Manager not to fill up the vacancy, if any, purportedly
created on account of the termination of the writ petitioner. It is
the primary contention of the writ petitioner that any dispute or
change in the Management cannot affect the validity of his
appointment.
2. Today when the matter is taken up for
consideration, it is submitted by the learned counsel appearing for
the 5th respondent Manager that Ext.P8 has been subsequently
WP(C).No.13318 OF 2013(L)
cancelled through proceedings issued on 29.10.2018.
3. The learned counsel for the petitioner also
submits that in the light of the interim order issued by this Court
while admitting this writ petition, the petitioner continued in
service and has received all salary and other benefits on account
of such continuance. In the light of the proceedings dated
29.10.2018 issued by the Manager withdrawing Ext.P8, nothing
further survives to be considered in the writ petition.
This writ petition is, accordingly, closed.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C).No.13318 OF 2013(L)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED
15.11.2007.
EXHIBIT P2 TRUE COPY OF ORDER DATED 04.06.2008 OF
THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 14.8.2008 IN
W.P.(C) NO.33690 OF 2007.
EXHIBIT P4 TRUE COPY OF ORDER DATED 24.01.2009 OF
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED
13.2.2009 IN W.P.(C) NO.4938 OF 2009.
EXHIBIT P6 TRUE COPY OF ORDER DATED 08.09.2009 IN
W.P.(C) NO.4938 OF 2009.
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 08.02.2013
IN W.P.(C) NO.4938 OF 2009.
EXHIBIT P8 TRUE COPY OF ORDER NO.M2/2013 DATED
02.05.2013 OF THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R5(A) A TRUE COPY OF THE INTERIM ORDER DATED
15.11.2007 IN WP(C) NO.33690/07 ON THE
FILE OF THIS HONOURABLE COURT.
EXHIBIT R5(B) A TRUE COPY OF THE ORDER ISSUED BY THE
3RD RESPONDENT DATED 04.06.08.
