Dismissed

Mary Grace P.V v. State of Kerala

Kerala HC11 Oct 2021WA/1288/2021

Case brief

AI extract

What is this about?

This writ appeal challenged an interim order vacating a previous favorable order regarding the appellant's entitlement to continue in service. The bench disposed of the appeal by dismissing it, directing the appellant to raise contentions in pending writ petitions.

What did the court decide?

Writ Appeal dismissed without prejudice to the right to raise contentions in pending writ petitions.

Mary Grace P.V Vs State of Kerala — Education and Admissions | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶6

MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

¶7

WA NO. 1288 OF 2021

¶8

AGAINST THE INTERIM ORDER IN WP(C) 14728/2021 OF HIGH COURT OF KERALA, ERNAKULAM DATED 16.09.2021

¶9

APPELLANT/PETITIONER:

¶10

MARY GRACE P.V AGED 38 YEARS

¶11

LPSA, GIRI NAGAR L P SCHOOL, KADAVANTHRA, KOCHI,

¶12

RESIDING AT VALIYAPARAMBIL HOUSE, MARADU P.O, PIONEER JUNCTION, KOCHI-682304.

¶13

BY ADV M.P.KRISHNAN NAIR

¶14

RESPONDENTS:

¶15

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

¶16

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶17

3 THE ASSISTANT EDUCATIONAL OFFICER ERNAKULAM-682001.

¶18

4 THE ERNAKULAM CO-OPERATIVE HOUSE CONSTRUCTION SOCIETY LTD, NO.E-169, GIRI NAGAR, KADAVANTHRA, KOCHI-682020.

¶19

:2:

¶20

WA No.1288 of 2021

¶21

REPRESENTED BY ITS SECRETARY.

¶22

5 THE GIRI NAGAR LP SCHOOL KADAVANTHARA, KOCHI-682020, REPRESENTED BY ITS HEADMISTRESS, MRS.BINDU MENON.

¶23

6 MRS. BINDU MENON HEADMISTRESS, GIRI NAGAR L P SCHOOL, KADAVANTHRA, KOCHI-682020.

¶24

7 MRS. PAULCY HELPING ASSISTANT TO THE HEADMISTRESS BINDU MENON, GIRI NAGAR LP SCHOOL, KADAVANTHARA, KOCHI-682020.

¶25

8 KERALA NON-K.TET TEACHERS ASSOCIATION (KNKTA) AADUMS COMPLEX, THODUPUZHA, IDUKKI DISTRICT-685584, REPRESENTED BY ITS SECRETARY NIMMI JOSE.

¶26

BY SRI. VISHNU PRASAD.P

¶27

BY SRI.NANDAGOPAL NAMBIAR

¶28

OTHER PRESENT:

¶29

SR GOVERNMENT PLEADER SRI. A J VARGHESE

¶30

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

:3:

WA No.1288 of 2021

JUDGMENT

A.K.Jayasankaran Nambiar, J.

¶35

The appellant has approached this Court impugning an interim order dated 16.09.2021 in WP(C)No.14728 of 2021. We notice that, by the said interim order, the learned Single Judge had essentially vacated an earlier order that was passed in favour of the appellant and it is aggrieved by the said order that the appellant is before us.

¶36

When we took up the matter for admission, we noticed that the interim order of the learned Single Judge was a common one, that was passed in two writ petitions, namely, WP(C)Nos.14728 of 2021 and 18880 of 2021. While the petitioner is the writ petitioner in WP(C)No.14728 of 2021, she has also been impleaded as the 7^th respondent in WP(C)No.18880 of 2021. The challenge against the interim order therefore, had to be through two separate writ appeals and presently there is only one preferred before us. That apart, we find that inasmuch as the writ petitions are pending consideration before the learned Single Judge, the contentions of the appellant, as regards her entitlement to continue in service, can be raised in the writ petitions pending before the learned Single Judge.

¶37

:4:

¶38

WA No.1288 of 2021

¶39

Under the said circumstances, without expressing any opinion on the merits of the case of the petitioner in the writ petitions, we deem it appropriate to dismiss this writ appeal against the interim order of the learned Single Judge, without prejudice to the right of the appellant to canvass all legal issues before the learned Single Judge in the writ petitions.

¶40

The Writ Appeal is dismissed.

¶41

Sd/-

¶42

A.K.JAYASANKARAN NAMBIAR JUDGE

¶43

Sd/-

¶44

MOHAMMED NIAS C.P. JUDGE

dlk/11.10.2021

WA No.1288 of 2021

:5:

APPENDIX

PETITIONER'S EXHIBITS :

¶50

ANNEXURE A1: TRUE COPY OF THE BANK PASS BOOK SHOWING

¶51

RECEIPT OF SALARY

Mary Grace P.V v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mary Grace P.V v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Premakumari P. Vs Union of India

Kumari Prabha Suresh Vs Union of India

Sunil Kumar Mohana Kumaran Thampi Vs Union of India

The State of Kerala Vs Sudhakaran V.K.

Dr.Arun Kumar, Vs Society for Social Surveillance

Muhamed Ameer P.P. Vs K.Manohar