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Kerala High Court

State Of Kerala vs Dr.Poornima.C.C on 23 February, 2022

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
       Wednesday, the 23rd day of February 2022 / 4th Phalguna, 1943
                             WA NO. 267 OF 2022

   AGAINST JUDGMENT DATED 21.07.2021 IN WP(C) 8704/2021 OF THIS COURT.

APPELLANTS/RESPONDENTS 1 TO 3 IN W.P.(C):

  1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
     EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
     - 695 001.
  2. THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
     THIRUVANANTHAPURAM - 695 033.
  3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, GANDHINAGAR, ERNAKULAM
     - 682 020.

BY GOVERNMENT PLEADER.

RESPONDENTS/PETITIONERS AND RESPONDENTS 4-6 IN W.P.(C):

  1. DR.POORNIMA C.C, D/O.P.P. RAMACHANDRAN,ASSISTANT PROFESSOR(NOT
     APPROVED), DEPARTMENT OF MALAYALAM, COCHIN COLLEGE, COCHIN - 682
     002.
  2. DR. KAVITHA.V.RAJAN, D/O.G.RAJAN, ASSISTANT PROFESSOR(NOT APPROVED),
     DEPARTMENT OF HINDI, COCHIN COLLEGE, COCHIN- 682 002.
  3. THE MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,P.O.,
     KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR.
  4. THE COCHIN COLLEGE ,REPRESENTED BY ITS MANAGER, COCHIN, PIN - 682
     002.
  5. THE PRINCIPAL, COCHIN COLLEGE, COCHIN, PIN - 682 002.

BY ADV.SRI.S.PRASANTH FOR R1 & R2.

STANDING COUNSEL SRI.SURIN GEORGE IPE FOR R3.

ADV.SRI.P.P.JACOB FOR R4 & R5.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying the operation and implementation of the Judgment
dated 12.07.2021 in W.P.(C) No.8704/2021 passed by the Learned Single
Judge of this Hon'ble Court till the disposal of the above Writ Appeal.
     This Writ Appeal coming on for admission on 23/02/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                       P.T.O.
                                A.K.JAYASANKARAN NAMBIAR
                                                   &
                                  MOHAMMED NIAS C.P., JJ.
                               -------------------------------------------
                                      W.A.NO.267 OF 2022
                               -------------------------------------------
                           Dated this the 23rd day of February, 2022

                                               ORDER

A.K.Jayasankaran Nambiar, J.

Admit.

Adv.Sri.S.Prasanth takes notice for respondents 1 and 2. Sri.Surin George Ipe, the learned Standing Counsel takes notice for the 3rd respondent. Sri.P.P.Jacob, the learned Counsel takes notice for respondents 4 and 5.

Post on 18.3.2022.

In the meanwhile, there will be an interim stay, as prayed for, on condition that the appellants ensure that the writ petitioners are paid the arrears of salary and emoluments due to them, by granting them provisional approval of appointment with effect from 30.12.2020, within a period of two weeks from today. It is made clear that the said provisional appointment will be subject to the result of the Writ Appeal.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-

MOHAMMED NIAS C.P. JUDGE prp/23.2.22 23-02-2022 /True Copy/ Assistant Registrar