IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35119 of 2008(E)
1. T.A BABU, LAST GRADE SERVANT,
... Petitioner
2. POULOSE JOSEPH, LAST GRADE SERVANT,
Vs
1. STATE OF KERALA, REP. BY THE SECRETARY,
... Respondent
2. DIRECTOR OF COLLEGIATE EDUCATION,
3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
4. SACRED HEART COLLEGE, THEVARA,
For Petitioner :SRI.A.JAYASANKAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/11/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.35119 OF 2008
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Dated this the 28th day of November 2008
J U D G M E N T
The petitioners are last grade servants in the 4th
respondent College. It is stated that the 4th respondent had
terminated two last grade servants in 1992. Ultimately,
those employees have obtained favourable orders from the
University Appellate Tribunal, a copy of which is Ext.P1. In
pursuance to Ext.P1, those employees have also been
reinstated. Consequently, by Exts.P2 and P3 orders, the
respondents 1 and 2 have required the 4th respondent to
retrench two junior most last grade employees.
Unfortunately, as at present, the petitioners are the junior
most. It is by challenging Exts.P2 and P3, and praying for
continuance in the college, the writ petition is filed.
2. As already noticed, the proposal for retrenchment
as reflected by Exts.P2 & P3 arose out of the reinstatement
W.P.(C) No.35119/2008
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consequent on Ext.P1. Since that order has become final,
the concerned employees had to be reinstated and as an
inevitable consequence, the junior most will have to be
retrenched. If so, I cannot find any fault with Exts.P2 & P3.
The writ petition fails and is, accordingly, dismissed.
(ANTONY DOMINIC, JUDGE)
jg