Dismissed

Ajitha.a.R., v. Dr.Priya.R.

Kerala HC11 Jun 2019OP(KAT)/227/2019

Case brief

AI extract

What is this about?

,The High Court of Kerala dismissed an original petition challenging a procedural order (Ext.P7). It held the order did not decide substantive rights and no ground existed to interdict proceedings pending before the Tribunal. The petition was dismissed as Ext.P7 would be considered at the final hearing.

What did the court decide?

Original petition dismissed noting the impugned order is procedural and objections on reply statements will be resolved at final hearing.

Ajitha.a.R., Vs Dr.Priya.R. — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941

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OP(KAT).No. 227 of 2019

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AGAINST THE ORDER/JUDGMENT IN OA 544/2019 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 03-06-2019

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PETITIONERS/RESPONDENTS 4 & 5:

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1 AJITHA.A.R., AGED 44 YEARS, W/O.VINOD, ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA, RESIDING AT KARIYAM, POWKIDONAM P.O., PIN- 695588.

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2 DR.THULASEEDHARAN V., AGED 52 YEARS, S/O.R.VELAYUDHAN PILLAI, ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA, RESIDING AT NANDANAM, ALATHARA, SREEKARIYAM, THIRUVANANTHAPURAM- 695017.

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BY ADVS. SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN SHRI.JESUDASAN K X

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OP(KAT).No. 227 of 2019

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RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 3 & 6 TO 14:

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1 DR.PRIYA.R., W/O.AJI RAJ.R., RESIDING AT SIVA GANGA, PONGARA, THEKKUMBHAGAM, KAZHAKKUTTOM, THIRUVANANTHAPURAM, WORKING AS ASSOCIATE PROFESSOR, DEPT. OF CIVIL ENGINEERING, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, (UPON ORDERS OF TRANSFER TO GOVERNMENT COLLEGE OF ENGINEERING, KANNUR ROAD, WEST HILL, KOZHIKODE) KERALA.

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2 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION(G)DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM- 695001.

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3 THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM ROAD, EAST FORT, TRIVANDRUM- 695023.

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4 DR.ARVEE SUNIL JOHNSON, PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM- 695016, (UPON ORDERS OF REVERSION TO ASSOCIATE PROFESSOR AND POSTED TO COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA.

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5 DR.ASHALATHA R., PROFESSOR, COLLEGE OF ENGINEERING, KANNUR (UPON ORDERS OF REVERSION TO ASSOCIATE PROFESSOR TRANSFER AND POSTED TO COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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6 SHIBU K., ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, KERALA, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA.

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7 DR.SMITHA M.S., GOVERNMENT ENGINEERING COLLEGE, KANNUR, (UPON ORDERS OF REVERSION TO ASSOCIATE PROFESSOR TRANSFER AND POSTED TO COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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8 SABU P., ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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OP(KAT).No. 227 of 2019

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9 DR.JEENU G., ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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10 DR.BINU SARA MATHEW, ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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11 SWARNALATHA K., ASSISTANT PROFESSOR, GOVERNMENT ENGINEERING COLLEGE, THIRUVANANTHAPURAM (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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12 DEEPARAJ S., ASSISTANT PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, (UPON ORDERS OF PROMOTION AND POSTED TO ASSOCIATE PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM) KERALA- 695016.

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13 S.SIVAKUMAR, ASSOCIATE PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM (UPON ORDERS OF TRANSFER TO RAJIV GANDHI INSTITUTE OF TECHNOLOGY, RTI JUNCTION, VELLOOR P.O., PAMPADY, KOTTAYAM.

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14 PRINCIPAL, COLLEGE OF ENGINEERING, SREEKARIYAM-KULATHOOR ROAD, SREEKARIYAM, THIRUVANANTHAPURAM- 695016.

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OTHER PRESENT:

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SRI.P.N.SANTHOSH-SR.GP

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THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 11.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(KAT).No. 227 of 2019

JUDGMENT

V.Chitambaresh, J.

Ext.P7 order impugned does not decide the right of any of the parties. The order is purely procedural evident from a plain reading. The efficacy of the reply statements filed by 1^st /2^nd respondent would be considered at the time of final hearing. There is no ground to interdict the proceedings pending before the Tribunal.

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The Original Petition is dismissed.

Sd/-

V.CHITAMBARESH

JUDGE

Sd/-

ASHOK MENON

JUDGE

dkr

OP(KAT).No. 227 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	COPY OF THE ANNEXURES.	O.A.NO.544/2019 ALONG WITH
EXHIBIT P2	COPY OF THE DATED 03.04.20	ORDER IN O.A(EKM)NO.663/2019 19.
EXHIBIT P3	COPY OF THE J DATED 30.04.20	UDGMENT IN OP(KAT)NO.186/2019 19.
EXHIBIT P4	COPY OF THE 526/2019 DATED	INTERIM ORDER IN O.A.NO. 02.05.2019.
EXHIBIT P5	COPY OF THE 05.05.2019.	G.O.NO.123/2019/H.EDN DATED
EXHIBIT P6	COPY OF THE J DATED 20.05.20	UDGMENT IN OP(KAT)NO.187/2019 19.
EXHIBIT P7	COPY OF THE O.A.NO.544/201	ORDER DATED 03.06.2019 IN 9.

Ajitha.a.R., v. Dr.Priya.R.

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Ajitha.a.R., v. Dr.Priya.R.

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