State Of Kerala vs Dr.Joseph Skariah
2021 Latest Caselaw 12598 Ker

             K.Vinod Chandran & V.G.Arun, JJ.
         ---------------------------------------
         I.A.No.2 of 2021 in W.A.No.1889 of 2018
         ---------------------------------------
           Dated this the 27th day of May, 2021

                             ORDER

K.Vinod Chandran,J:

This I.A. is filed by the 4th and 5th petitioners

in the writ petition. The 5th respondent, who is the 1st

petitioner herein, was not included in the cause title of

the Writ Appeal. The 4th respondent was referred to in the

judgment of the Division Bench as Assistant Professor,

Department of Malayalam, St.Berchman's College,

Changanassery, Kottayam District, which again was a

mistake since he was an Assistant Professor, Department of

Economics in the said college. The address of the said

person and his designation was correctly noted in the writ

petition and the judgment thereat. These errors occurred

at the time of filing of the appeal. Due to the errors

pointed out, the said persons have been denied the benefit

granted by the Division Bench in the common judgment in a

batch of Writ Appeals, is the reason for the present I.A.

2. Obviously the Government has omitted to file

an appeal from the judgment of the learned Single Judge in

the writ petition, as against the 5th respondent. Likewise,

W.A.No.1889 of 2018

the designation of the 4th respondent was noted

incorrectly. This does not however efface the claims made

by the petitioners before the learned Single Judge, which

was affirmed in the appeal filed by the Government. In

such circumstance, we make it clear that the 5th

respondent against whom no appeal was filed, should also

be given the benefit and the 4th respondent should be

correctly shown as 'Assistant Professor, Department of

Economics, St.Berchman's College, Changanassery, Kottayam

District-686101' as has been correctly shown in the cause

title of the judgment of the learned Single Judge.

We direct the Registry to issue fresh certified

copy of the judgment as per the orders issued. Insofar as

the the 5th respondent, 1st petitioner herein, is concerned

this clarification would suffice insofar as granting him

the benefits as conferred to the other respondents in the

appeal.

Sd/-

K. Vinod Chandran, Judge.

Sd/-

V.G. Arun, Judge vku/-