The Manager v. v.H.Saritha
Case brief
What is this about?
This writ appeal challenged an order directing the District Educational Officer to implement Ext.P12. The Bench held that since the appellants failed to pursue remedies against that order, it became final and binding. Consequently, the appeal was dismissed.
What did the court decide?
Appeal dismissed; no remand or alternative relief granted.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938
W.A.No. 803 of 2016 IN WP(C).13992/2014
APPELLANTS/RESPONDENTS 3 & 8:
- THE MANAGER, SNV SANSKRIT HIGHER SECONDARY SCHOOL, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513.
- P.S.BHASWARA, UPSA, SNV SANSKRIT HIGHER SECONDARY SCHOOL, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN
RESPONDENTS/PETITIONER & RESPONDENTS 1,2, & 4 TO 7:
- V.H.SARITHA, WIFE OF SYAM, AGED 30 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, SNV SANSKRIT HIGHER SECONDARY SCHOOL, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513.
Issues for consideration
2 issues framed by the court
Whether implementation is required where an employer fails to pursue remedies against a final order and implements it by agreement.
Whether a pending internal representation constitutes a statutory objection delaying implementation of a Final Order.
Parties & counsel
- appellant
MANAGER, SNV SANSKRIT HIGHER SECONDARY SCHOOL
- appellant
P.S.BHASWARA
- respondent
V.H.SARITHA
- respondent
STATE OF KERALA
- respondent
DISTRICT EDUCATIONAL OFFICER
- respondent
Case details
As recorded by the court registry
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