The Manager, John F Kennedy Memorial (Jfkm) v. Sheeja C

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WA.No. 1166 of 2015 () IN WP(C).12242/2015 -------------------------------------------- JUDGMENT IN WP(C) 12242/2015 of HIGH COURT OF KERALA DATED 10-04-2015 APPELLANT/5TH RESPONDENT:

------------------------- THE MANAGER, JOHN F KENNEDY MEMORIAL (JFKM) VOCATIONAL HIGHER SECONDARY SCHOOL, KARUNAGAPPALLY.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4:

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1. SHEEJA C., SHEEJA BHAVANAM, VADAMKKUMTHALA P.O.

KARUNAGAPPALLY, KOLLAM - 690 536.

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

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

4. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.

WA.No. 1166 of 2015

5. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, KOLLAM - 691 001.

R1 BY ADV. SRI.S.SUBHASH CHAND SENIOR GOVERNMENT PLEADER SRI.M.A. FAYAZ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 1166 of 2015 APPENDIX APPELLANT'S ANNEXURES:

ANNEXURE I : TRUE COPY OF THE APPOINTMENT ORDER DATED 1.1.2014 ISSUED BY THE 5TH RESPONDENT.

ANNEXURE II : TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY the APPELLANT DATED 26.09.2014.

ANNEXURE III: TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT TO THE APPELLANT DATED 24.12.2014. ANNEXURE IV: TRUE COPY OF THE REVISION PETITION FILED BY THE APPELLANT BEFORE THE 3RD REPONDENT DATED 9.3.2015. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smv

ANTONY DOMINIC & SHAJI P. CHALY, JJ.

----------------------------------------------- W.A. No.1166 of 2015 ----------------------------------------------- Dated this the 22nd day of June, 2015

JUDGMENT

Antony Dominic,J.

This appeal is filed against the order passed by the learned Single Judge in Writ Petition No.12242 of 2015.

2. We heard the learned Senior Counsel for the appellant, the learned counsel for the first respondent and the learned Government Pleader.

3. Though various contentions impugning the legality of the impugned order were urged before us, we notice that the appellant has already moved the learned Single Judge himself by filing I.A No.6431of 2015 for vacating the order in question. In such circumstances, since the appellant has already invoked the right remedy before the learned Single Judge himself, it is for the appellant to pursue that remedy.

W.A. No.1166 of 2015 Accordingly the appeal is dismissed leaving it open to the appellant to seek orders in I.A. No.6431 of 2015 mentioned above.

Sd/- ANTONY DOMINIC JUDGE Sd/- SHAJI P. CHALY JUDGE //true copy// P.A. to Judge smv