Kerala High Court
Y.Gee Varghese vs State Of Kerala on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 137 OF 2014
PETITIONER:
Y.GEE VARGHESE
SON OF YOHANNAN, AGED 54 YEARS, PRINCIPAL-IN-CHARGE,
M.M.HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA
P.O., KOLLAM DISTRICT
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDINGS, SANTHI NAGAR
THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, THIRUVANANTHAPURAM-695 001.
4 THE MANAGER
M.M. HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA
P.O., KOLLAM DISTRICT - 691 502.
5 SRI. DILIP KUMAR
HIGHER SECONDARY SCHOOL TEACHER,
M.M. HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA
P.O., KOLLAM DISTRICT - 691 502.
BY ADVS.
SRI. RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 137 OF 2014
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 137 of 2014
----------------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"(i) call for the records relating to Exhibits
P-5 and P-9 and set aside the originals of the
same by the issue of a writ of certiorari or other
appropriate writ or order.
(ii) issue a writ of mandamus or other
appropriate writ order or direction commanding
Respondents 1 to 4 to approve the Petitioner as
Principal from 28.5.2012 i.e. on completion of 12
years teaching experience.
(iii) pass such other order or direction which
this Hon'ble Court may deem fit and proper to
grant in the circumstances of the case."[SIC]
2. When this Writ petition came up for
consideration on 02.01.2014, this Court passed the
WP(C) NO. 137 OF 2014
following order:
"Admit. Issue urgent notice. There will be
an interim order staying implementation of Exts.P5
and P9 for a period of one month and during the
said period the petitioner shall be permitted to
continue to hold the post of Principal in
M.M.Higher Secondary School, Uppoodu."
3. The above interim order was extended
regularly and was extended until further orders on
02.09.2014. Now it is submitted that the petitioner
already retired from service. If that be the case,
this Writ petition can be closed recording the above
interim order. If there is any fresh cause of action,
the petitioner can agitate the same separately.
With the above observation and recording the
interim order dated 02.01.2014, this Writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 137 OF 2014
APPENDIX OF WP(C) 137/2014
PETITIONER ANNEXURES
EXT.P6- TRUE COPY OF THE REVISION
PETITION FILED BEFORE THE
GOVERNMENT DATED 12-8-2013 WITHOUT
ANNEXURES
EXT.P1 - TRUE COPY OF THE ORDER OF
THE 2ND RESPONDENT DATED 21-09-2011
EXT.P2 - TRUE COPY OF THE
APPOINTMENT ORDER OF THE PETITIONER
DATED 16-1-1992
EXT.P3 - TRUE COPY OF THE
REPRESENTATION SUBMITTED BEFORE THE
2ND RESPONDENT DATED 10-5-2012
EXT.P4 - TRUE COPY OF THE ORDER OF
THE 3RD RESPONDENT DATED 10-10-2012
EXT.P5 - TRUE COPY OF THE ORDER OF
THE 2ND RESPONDENT DATED 25-7-2013
EXT.P7 - TRUE COPY OF THE STAY
PETITION FILED ALONG WITH THE
REVISION PETITION DATED 12-8-2013
EXT.P8 - TRUE COPY OF THE JUDGMENT
IN WPC.NO.21423/2013-C DATED 29-8-
EXT.P9 - TRUE COPY OF THE
GO(RT)NO.5556/2013/G.EDN. DATED 20-
12-2013 OF THE GOVERNMENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
