Kerala High Court
Sree Narayana Arts And Science ... vs Sree Narayana Arts And Science ... on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WA.No.13 OF 2021
AGAINST THE ORDER DATED 18.12.2020 IN WP(C) 27220/2020(B) OF HIGH
COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4:
1 SREE NARAYANA ARTS AND SCIENCE COLLEGE
VAYYATTUPUZHA, CHITTAR P.O., PATHANAMTHITTA-689663,
REPRESENTED BY ITS MANAGER.
2 THE MANAGER, SREE NARAYANA ARTS AND SCIENCE COLLEGE,
VAYYATTUPUZHA, CHITTAR P.O., PATHANAMTHITTA-689663.
3 S.N.D.P.YOGAM RANNI UNION,
S.N.D.P UNION OFFICE, RANNI PATHANAMTHITTA-689672
REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY, S.N.D.P.YOGAM RANNI UNION, S.N.D.P
UNION OFFICE, RANNI, PATHANAMTHITTA-689672.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS/PETITIONER & RESPONDENT NO.5:
1 SMT.AYSWARYA P.A.
AGED 30 YEARS
WIFE OF AJITH P.S., RESIDING AT PATHACK HOUSE,
PUTHUSSERIMALA P.O., RANNI, PATHANAMTHITTA-689672.
2 THE MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA-686560, REPRESENTED BY ITS REGISTRAR.
ADV. THUSHARA JAMES FOR R1
R2 BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.13/2021
2
JUDGMENT
Dated this the 20th day of January 2021
Shaffique, J
This appeal has been filed challenging interim orders dated
7/12/2020, 9/12/2020 and 18/12/2020. The interim orders came to be
passed when the writ petitioner was terminated from service pursuant
to Ext.P5 notice. Initially, the learned Single Judge directed that
further action pursuant to Ext.P5 shall stand deferred. Subsequently,
direction was issued by the learned Single Judge staying Ext.P5.
However, it was brought to the notice of the Court that the petitioner
was not reinstated in service and a further order was passed on
18.12.2020 directing the respondents to reinstate the petitioner.
2. The learned counsel appearing for the
appellants/respondents 1 to 4 would submit that this is a case in which
the petitioner was not qualified to be appointed. But it is only later
that the matter has come to the notice of the college authorities and
accordingly, Ext.P5 had been issued. That apart the writ petition itself
was not maintainable.
3. On the other hand, learned counsel appearing for the writ
petitioner would submit that the action initiated by the college is
W.A.No.13/2021
malafide. Ext.P5 was issued when the petitioner obtained an order for
maternity benefits.
4. Be that as it may, insofar as the learned Single Judge is
seized of the matter, it is only appropriate that the matter is heard and
decided as early as possible. There is no reason for us to interfere
with the interim orders as matters stand now, especially in a case
where the writ petitioner was appointed in the year 2017 and
continued in service until Ext.P5 was issued by the appellants. When
the learned Single Judge had issued orders based on prima facie
circumstances, it is not proper for this Court to interfere at this stage
of the proceedings. We therefore permit the appellant to move for an
early hearing of the matter.
Writ appeal is therefore dismissed, with liberty to the appellants
to move for an early hearing of the matter.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
kp True copy JUDGE
P.A. To Judge
W.A.No.13/2021
APPENDIX
APPELLANTS' EXHIBITS:
ANNEXURE I TRUE COPY OF THE INTERIM ORDER DATED
07.12.2020 IN W.P.(C)NO.27220/2020.
ANNEXURE II TRUE COPY OF THE INTERIM ORDER DATED
09.12.2020 IN W.P.(C)NO.27220/2020.
ANNEXURE III TRUE COPY OF THE ORDER OF THE MANAGER VIDE
A/SNAC 04 DATED 06.01.2021
