Single judge recalled the impugned judgment dated 12.6.2018 in W.P.(C) No.13341/2018 and restored the writ petition to the file for fresh disposal considering a pending Supreme Court order on similar matters.
Impugned judgment dated 12.6.2018 recalled and writ petition restored to file for fresh disposal.
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 ALEXANDER THOMAS
FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941
RP.No.143 of 2019 IN WP(C). 13341/2012
AGAINST THE JUDGMENT DATED 12.6.2018 IN WP(C) 13341/2012 of HIGHCOURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 ASSISTANT EDUCATIONAL OFFICER, MAJESHWAR AT UPPALA, KASARAGOD-671001.
BY ADV. SRI.SAIGI JACOB PALATTY, SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER IN W.P.(C):
SREENIVASAN.M
JUNIOR LANGUAGE TEACHER URDU(FULL TIME, AUP SCHOOL, KURUDAPADAVU P.O, KURUDAPADAVU-671322.
ADVS . SRI. KALEESWARAM RAJ,
SRI. ANN SUSAN GEORGE.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.No.143/2019
2
ALEXANDER THOMAS, J.
R.P.No.143 of 2019
(arising out of W.P.(C)No.13341/2012)
Dated this the 26th day of July, 2019
ORDER
Heard Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the review petitioners/respondents 1 to 4 in the writ petition and Sri. Kaleeswaram Raj, learned counsel appearing for R1 in the R.P./writ petitioner. It is submitted by the learned Senior Government Pleader appearing for the revision petitioner (State authority) that this Court was not apprised by the State authorities at the time of the disposal of the writ petition that the similar matter in the judgment of the Division Bench of this Court rendered on 29.5.2013 in W.A.No.560/2013 arising out of W.P.(C)No.19075/2012, the State authorities had taken up in SLP, in which the Apex Court had ordered that the operation of the impugned orders as also the orders passed by the learned Single Judge of the High Court shall remain stayed and that since the large number of similar matters are likely to crop up in future, the High Court has been requested therein to defer adjudication of all such matters till the decision of the appeals by the Apex Court. A
R.P.No.143/2019
3
copy of the said order dated 29.5.2013 rendered by the Apex Court in S.L.P.(CC) No.18990/2013, (arising out of W.A.No.560/2013 in W.P.(C)No.19075/2012) has been produced by the State as Annexure-1 in R.P.No.143/2019.
In the light of the above said aspects, this Court is of the considered view that the impugned judgment in the above writ petition is liable to be recalled. It is further pointed out by the learned Senior Government Pleader that it is learnt that the matter in Anneuxre-1 SLP is still pending consideration before the Apex Court. Accordingly, it is ordered that the impugned judgment dated 12.6.2018 rendered by this Court in W.P.(C)No.13341/2012 will stand recalled and the said writ petition will stand restored to the file of this Court in order to facilitate disposal of the said writ petition afresh, after hearing both sides.
With these observations and direction, the above R.P. will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
acd
R.P.No.143/2019
4
APPENDIX OF RP 143/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE INTERIM ORDER IN CIVIL APPEAL NO.9884/2013.
True copy
P.S. To Judge.
2 issues framed by the court
Whether the impugned judgment in the underlying writ petition should be recalled due to a pending Supreme Court order staying operations of similar orders.
Whether the writ petition should be restored to the file for fresh adjudication.
Colour shows how this judgement treated each authority
S.L.P.(CC) No.18990/2013 (arising out of W.A.No.560/2013 in W.P.(C)No.19075/2012)Distinguished¶25
STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION
SREENIVASAN.M
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ALEXANDER THOMAS
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