The Court dismissed this writ petition filed by the manager of St. George's Mount High School, holding that the matter is covered and barred by the judgment in Nair Service Society. The case involved the status/conditions of a school assistant.
Writ petition dismissed.
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.
WP(C) NO. 12720 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 12720 OF 2021
PETITIONER/S:
THE MANAGER, ST. GEORGE'S MOUNT HIGH SCHOOL, KAIPATTOOR, KAIPATTOOR.P.O, PATHANAMTHITTA-689648. (JOHN JOHNSON,S/O.K.M.JOHN, KEEPPALLIL PUTHEN VEEDU, KUDASSANADU.P.O, ALAPPUZHA-689512.
BY ADV S.SUBHASH CHAND
RESPONDENT/S:
THIRUVANANTHAPURAM-695001.
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12720 OF 2021
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JUDGMENT
When this matter was taken up, Sri.Subhash Chand, the learned counsel appearing for the petitioner very fairly submitted that the matter is covered against the petitioner in view of the judgment of this Court in Nair Service Society, Ktym and Ors. v. Government of Kerala and Ors. [2015 (2) KLT 625] and the learned counsel requested that the writ petition be dismissed in view of the above.
This writ petition will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
WP(C) NO. 12720 OF 2021
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APPENDIX OF WP(C) 12720/2021
PETITIONER (S) EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE SAID GOVERNMENT ORDER BEARING GO(P)NO.317/2005/G.EDN DATED 17.08.2005 ISSUED BY RESPONDENT NO.1. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE SAID GOVERNMENT ORDER BEARING GO(P)NO.199/11/G.EDN.DATED 01.10.2011 THUS ISSSUED BY RESPONDENT NO.1. |
| Exhibit P3 | TRUE COPY OF THE SAID GOVERNMENT ORDER BEARING G.O.(P)NO.10/10/G.EDN.DATED 12.01.2010 THUS ISSUED BY RESPONDENT NO.1. |
| Exhibit P4 | TRUE COPY OF SAID GOVERNMENT ORDER BEARING NO.60930/J2/11/G.EDN.DATED 25.10.2011 ISSUED BY RESPONDENT NO.1. |
| Exhibit P5 | TRUE COPY OF THE SAID JUDGMENT DATED 12.03.2019 PASSED BY THIS HON'BLE COURT IN W.P(C)NO.7365/2019. |
| Exhibit P6 | TRUE COPY OF THE SAID GOVERNMENT ORDER BEARING NO.GO.NO.3197/2019/G.EDN.DATED 07.08.2019 ISSUED BY RESPONDENT NO.1. |
| Exhibit P7 | TRUE COPY OF THE ABOVE GOVERNMENT CIRCULAR NO.100/J2/2017/G.EDN.DATED 11.09.2018. |
| Exhibit P8 | TRUE COPY OF THE GOVERNMENT ORDER NO.135/2019/G.EDN.DATED 31.08.2019 BY WHICH THE GOVERNMENT CIRCULAR. |
| Exhibit P9 | TRUE COPY OF THE ORDER BEARING NO.B6/2888/2019 DATED 06.03.2020. |
| Exhibit P10 | TRUE COPY OF THE SAID JUDGMENT DATED 2/11/2020 THUS PASSED BY THE THIS HON'BLE COURT IN W.P.(C)NO.23401 OF 2020. |
WP(C) NO. 12720 OF 2021
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Exhibit P11 TRUE COPY OF THE SAID ORDER BEARING GO(RT)NO.2859/2017/G.EDN.DATED 19/8/2017.
Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO.2054/2021/G.EDN.DATED 3/3/2021.
RESPONDENT (S) EXHIBITS: NIL
2 issues framed by the court
Whether the writ petition, dismissed as barred by the judgment in Nair Service Society is correct.
Whether the petition seeks discretionary relief regarding status of a teacher.
Colour shows how this judgement treated each authority
Nair Service Society, Ktym and Ors. v. Government of Kerala and Ors.Referred¶23
Nair Service Society, Ktym and Ors. v. Government of Kerala and Ors. [2015 (2) KLT 625]
THE MANAGER, ST. GEORGE'S MOUNT HIGH SCHOOL
STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR (EDUCATION)
THE DISTRICT EDUCATIONAL OFFICER
DHANYA RAJENDRAN
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
