IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14089 of 2010(I)
1. SHAJITH A.K., DRIVER GROOP D ARMV SCHOOL
... Petitioner
Vs
1. UNION OF INDIA REPRESNTED BY PRINCIPAL
... Respondent
2. ARMY WELFARE EDUCATION SOCIETY (AWES),
3. CHAIRMAN SCHOOL MANAGING COMMITTEE,
4. PRINCIPAL AND SECRETARY OF THE
For Petitioner :SRI.P.M.PAREETH
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/02/2011
O R D E R
S. Siri Jagan, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
W.P(C) No. 14089 of 2010
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
Dated this, the 9th day of February, 2011.
J U D G M E N T
The petitioner is an employee of the 2nd respondent. The
petitioner has some grievance regarding his service conditions.
According to the petitioner, after being confirmed in regular service
of the 2nd respondent, the petitioner has now been directed to submit
option for being engaged as a contract employee at a consolidated
salary, which is less than the salary being paid to the petitioner.
Respondents 2, 3 and 4 have filed a counter affidavit, wherein they
have taken a technical contention that this writ petition is not
maintainable insofar as no writ can be issued against the 2nd
respondent in view of the decisions of the Supreme Court of India and
the decisions of various High Courts as detailed in the counter
affidavit. Learned counsel for the petitioner fairly concedes that in
view of those decisions, the writ petition is not maintainable and
therefore the petitioner has to file a suit for claiming the reliefs
prayed for in this writ petition. He seeks some time to file a suit and
get interim orders in the matter. He submits that till then, the
interim order granted in this case may be continued.
In the above circumstances, while dismissing this writ petition, I
direct that the interim order passed in this case would continue for a
period of two months to enable the petitioner to file a suit and seek
interim orders therein.
S. Siri Jagan, Judge.
Tds/
