The High Court of Kerala dismissed a writ petition challenging the Appellate Tribunal's order refusing to reinstate the petitioner. The court found no evidence of resignation withdrawal and held that the Tribunal correctly declined the petitioner's claim.
Writ petition dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938
WP(C).No. 22631 of 2006 (T)
PETITIONER(S):
ALEYKUTTY ABRAHAM LECTURER), CHEMISTSRY K.G.COLLEGE PAMPADY) KARIPPUMANNIL HOUSE, P.O. PAYYANAMON, KONNI PATHANAMTHITTA.
BY ADVS.SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL
RESPONDENT(S):
1. M.G.UNIVERSITY APPELLATE TRIBUNAL APPELLATE TRIBUNAL, THIRUVANANTHAPURAM.
2. MAHATMA GANDHI UNIVERSITY REPRESENTED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM.
3. THE MANAGER, CORPORATE MANAGEMENT OF MALANKARA ORTHODOX COLLEGE, DEVALOKAM, KOTTAYAM.
4. MOHAN VARGHESE, LECTURER IN CHEMISTRY CATHOLICATE COLLEGE, PATHANAMTHITTA.
5. ANITHA KOSHY, LECTURER IN CHEMISTRY BASELIUS COLLEGE, KOTTAYAM.
6. SMT.SUMA BINU THOMAS, BASELIUS COLLEGE, KOTTAYAM.
7. SMT. HELEN JOSE, BASELIUS COLLEGE, KOTTAYAM.
8. SRI.SUNIL JACOB, CATHOLICATE COLLEGE PATHANAMTHITTA.
9. SMT.BINY K. VARGHESE, CATHOLICATE COLLEGE, PATHANAMTHITTA.
10. SRI.ROSH V. KURIAKOSE, CATHOLICATE COLLEGE, PATHANAMTHITTA.
WP(C).No. 22631 of 2006 (T) ::2::
11. SMT.ROSE THOMAS, CATHOLICATE COLLEGE, PATHANAMTHITTA. 12. SMT.S. JALAJA KURIAKOSE, GREGORIOUS COLLEGE, PAMPADY. 13. BINU ABRHAM, GREGORIOUS COLLEGE, PAMPADY. 14. SMT.MARIAMMA C. KOSHY, DO. DO. 15. SMT.R.M. ROSE THOMAS, DO. DO. R,R3 BY ADV. SRI.C.T.JOSEPH R,R3 BY ADV. SRI.ROSHIN IPE JOSEPH R,R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY RR2 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY R8 BY ADV. SRI.ISAAC KURUVILLA ILLIKAL R BY SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22631 of 2006 (T) ::3::
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1; TRUE COPY OF THE DOCUMENT R.42 PRODUCED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DT 16.8.86
EXT.P2: TRUE COPY OF the APPEAL DATED 12.3.1997 NUMBERED AS APPEAL NO. 11 OF 1997 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXT.P3: TRUE COPY OF the ORDER DT 17.9.1998 OF THE 1ST RESPONDENT IN APPEAL NO. 11/97
EXT.P4: TRUE COPY OF the JUDGMENT OF THIS HON'BLE COURT IN OP NO 20795/1998 A DT 20.07.2005
EXT.P5: TRUE COPY OF THE ORDER DT 31.3.2006 OF THE 1ST RESPONDENT IN APPEAL NO. 11/1997
RESPONDENTS EXHIBITS:
EXT.R3(a): TRUE COPY OF the RESIGNATION LETTER DT 10.7.86
EXT.R3(b): TRUE COPY OF THE LETTER DT 1.8.86 FROM ALEYKUTTY ABRAHAM TO THE SECRETARY MOC COLLEGE, KOTTAYAM
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN, J
Dated this the 23rd day of March, 2016
J U D G M E N T
The petitioner challenges the Tribunal order which
refused her appointment in preference to the party respondents in the 3rd respondent College under the 1st respondent University. The petitioner was first appointed in a leave vacancy between 14.09.1982 and 23.11.1982. The petitioner applied for leave without allowance between 05.06.1986 to 11.08.1986. While she was continuing on leave, admittedly, the petitioner submitted a resignation letter dated 10.07.1986 which she is said to have withdrawn later. The petitioner's specific contention is that the petitioner was forced to resign from the college on compulsion exhorted by her husband who is also a Professor in the same College. Without going into the Tribunal's order it is to be noticed that despite that fact that the petitioner contends that there is a
letter withdrawing the resignation, nothing is produced before this
WPC.No.31488/2006
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Court to substantiate the same. Further the petitioner is said to
have been again accommodated in a vacancy, between 05.08.1986 to 04.08.1986. In which also she did not join. The petitioner by Ext. R3(a) sought for leave without allowance again, but however, on the specific ground that she would require some time to get the resignation letter counter signed by the Principal, Catholicate Collage Pathanamthitta. Hence the contention that the petitioner withdrew her resignation cannot at all be believed. The writ petition fails and there is no reason why this Court should interfere with Ext.P5 order of the Tribunal declining the claim of the petitioner.
Writ petition is dismissed. No costs.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's refusal to reinstate the petitioner in her teaching post after a withdrawn resignation.
Whether the petitioner's claim of forced resignation due to family compulsion is established on evidence.
ALEYKUTTY ABRAHAM
M.G. UNIVERSITY
MAHATMA GANDHI UNIVERSITY
THE MANAGER, CORPORATE MANAGEMENT OF MALANKARA ORTHODOX COLLEGE, DEVALOKAM
MOHAN VARGHESE
ANITHA KOSHY
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
