High Court Kerala High Court

The Manager vs T.A.Thomas on 2 June, 2009

Kerala High Court
The Manager vs T.A.Thomas on 2 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 18559 of 1998(H)



1. THE MANAGER, ST.THOMAS COLLEGE
                      ...  Petitioner

                        Vs

1. T.A.THOMAS
                       ...       Respondent

                For Petitioner  :SRI.BABU VARGHESE

                For Respondent  :SRI.P.SUKUMARAN NAYAR(SR.)

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/06/2009

 O R D E R
                  T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                    O.P. No.18559 OF 1998
               ---------------------------------------
             Dated this the 2nd day of June, 2009.


                         J U D G M E N T

The petitioner herein is the Manager of St.Thomas College,

Kozhencherry. This original petition is filed aggrieved by

Exhibit P5 judgment rendered by the Mahatma Gandhi University

Appellate Tribunal. As per the impugned order of the Tribunal,

the order dated 30.04.1997 issued by the Manager appointing

the 2nd respondent before the Tribunal as Principal was set aside.

2. In C.M.P.No.32790/1998, on 26.09.1998, this Court had

passed an interim order of stay. It is submitted by the learned

counsel for the petitioner that in the light of the interim order

passed by this Court, the 2nd respondent continued as Principal

and he has already retired from service. It is also pointed out

that the first respondent who had approached the Tribunal has

also retired from service. It is clear that the direction by the

Tribunal to prepare a seniority list etc. has no relevance at this

distance of time.

O.P. No.18559/98 2

Therefore, no further orders are called for in this original

petition except to state that the legal issues raised by the

petitioner are left open.

T.R. RAMACHANDRAN NAIR
JUDGE

smp