Mary Jacob vs State Of Kerala Represented By The ...
2021 Latest Caselaw 2781 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                       WP(C).No.3635 OF 2013(D)


PETITIONER:

               MARY JACOB, AGED 44 YEARS, W/O.GEOBY THOMAS,
               NOW WORKING AS HSST(BOTANY) C.T.EAPEN MEMORIAL
               HIGHER SECONDARY SCHOOL, SASTHAMKOTTA, KOLLAM.

               BY ADVS.SRI.BENOY THOMAS
               SRI.PAULSON THOMAS

RESPONDENTS:

      1        STATE OF KERALA REPRESENTED BY THE SECRETARY,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DIRECTOR OF HIGHER SECONDARY EDUCATION
               DIRECTORATE OF HIGHER SECONDARY EDUCATION,
               HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695001.

      3        THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
               EDUCATION, THIRUVANANTHAPURAM-695 001.

      4        THE MANAGER, C.T.EAPEN MEMORIAL HSS,
               SASTHAMKOTTA, KOLLAM-691 005.

               R1-R3 BY SRI.SUNIL KUMAR KURIAKOSE - GP
               R4 BY ADV. SRI.JOHN JOSEPH VETTIKAD
               R4 BY ADV. SRI.C.JOSEPH JOHNY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3635/13                         2




                              JUDGMENT

Dated this the 25th day of January 2021

I do not think that this Court is now enjoined to consider any

of the allegations and assertions of the petitioner made in this writ

petition, since it is conceded that this Court had already considered

the same and answered in favour of the petitioner, through the

judgment W.P.(C)No.12790/2005, but that it has been reversed by a

learned Division Bench in W.A.No.1351/2010. The petitioner says that

a Special Leave Petition against this judgment is pending before the

Hon'ble Supreme Court, numbered as Civil Appeal No.7564/2011.

2. Obviously, therefore, as matters now stand, none of the

prayers sought for by the petitioner in this writ petition can be

granted by this Court, since I am bound by the judgment in W.A.No.

1351/2010.

In the afore circumstances, I close this writ petition in terms

of the observations and holdings in W.A.No.1351/2010.

The learned counsel for the petitioner, at this time, submitted

that even the learned Division Bench had granted liberty to the

petitioners therein to approach this Court in future depending upon

the decision to be taken by the Hon'ble Supreme Court. If that be so,

such liberty will operate to the petitioner herein also.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX PETITIONER'S EXHIBITS:

EXT. P1 TRUE COPY OF G.O.(MS)NO.298/2000/GEN/EDN. DATED 25.08.2000

EXT. P2 TRUE COPY OF G.O.(MS)NO.389/2000/GEN.EDN. DATED 25.11.2000

EXT. P3 TRUE COPY OF THE RELEVANT PORTION OF G.O.(P)NO.331/2001/ GEN/EDN. DATED 09.11.2001 PUBLISHED IN GAZETTE DATED 12.11.2001

EXT. P4 TRUE COPY OF G.O.(MS)NO.312/2004/GEN.EDN. DATED 11.10.2014

EXT. P5 TRUE COPY OF G.O.(MS)NO.162/98/GEN.EDN. DATED 20.11.2004

EXT. P6 TRUE COPY OF THE APPROVAL ORDER DATED 22.07.2002

EXT. P6(a) TRUE COPY OF THE APPROVAL ORDER DATED 05.05.2003

EXT. P7 TRUE COPY OF G.O.(MS)NO.171/2003/GEN.EDN. DATED 14.07.2003

EXT. P7(a) TRUE COPY OF G.O.(MS)NO.161/2004/GEN.EDN. DATED 14.06.2004

EXT. P8 TRUE COPY OF THE REPRESENTATION BEFORE THE MANAGER

EXT. P8(a) TRUE COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT DATED 26.12.2012

EXT. P9 TRUE COPY OF THE REQUEST MADE BY THE DEPONENT

RESPONDENT'S EXHIBITS:

EXT. R4(A) THE TRUE COPY OF THE REFERENCE ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM

EXT. R4(B) TRUE COPY OF THE ORDER PASSED BY 3RD RESPONDENT IN THE WRIT PETITION DATED 29.10.2015