Kerala High Court
Christal Pramila vs Christal Pramila on 5 June, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 05TH DAY OF JUNE 2020 / 15TH JYAISHTA, 1942
WA.No.696 OF 2020
AGAINST THE JUDGMENT DATED 3.3.2020 IN WP(C) 15490/2019(I) OF HIGH
COURT OF KERALA
APPELLANT/5TH RESPONDENT IN WPC:
CHRISTAL PRAMILA, AGED 53 YEARS
W/O SHRI. SATHYANESAN D., SPECIAL EDUCATION TEACHER
CENTRE FOR REHABILITATION OF THE DISABLED, LMS
COMPOUND, PALAYAM, THIRUVANANTHAPURAM 695 033
BY ADV. SRI.B.BIPIN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4 AND ADDL. RESPONDENT 6
AND 7 IN WPC:
1 SHEEBA.K.J, PRINCIPAL, CENTRE FOR REHABILITATION OF
THE DISABLED, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM 695033
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 033
3 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN 695014
4 MANAGER, CHARITABLE SOCIETY, CHURCH OF SOUTH INDIA-
SOUTH KERALA DIOCESE, L.M.S.COMPOUND,
THIRUVANANTHAPURAM,
PIN 695033
5 DIRECTOR, CENTRE OF REHABILITATION OF THE DISABLED,
L.M.S.COMPOUND, PALAYAM, THIRUVANANTHAPURAM, PIN-
695033.
6 CHURCH OF SOUTH INDIA - SOUTH KERALA DIOCESE
CHARITABLE SOCIETY, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM
2
W.A.No.696/2020
PIN - 695 033
7 SECRETARY, CHURCH OF SOUTH INDIA - SOUTH KERALA
DIOCESE CHARITABLE SOCIETY, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM PIN-695 033
SRI. A.J VARGHESE- SR. G.P.FOR R2 AND R3
SRI. S.P. ARAVINDAKSHAN PILLAI FOR R1
SRI. V. VARGHESE R1
SRI. B. RAGHUNATHAN R4 & R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
05.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.A.No.696/2020
JUDGMENT
Dated this the 5th day of June 2020 Shaffique, J This appeal has been filed by the 5th respondent in W.P.No.15490/2019 challenging the judgment dated 3.3.2020. By the impugned judgment, the learned Single judge had issued the following directions:
"5. The writ petition is disposed of by this judgment:-
a) The petitioner accompanied by a copy of this judgment represents to Governing Body of Church of South India - South Kerala Diocese Charitable Society within two weeks from today, with his grievance/objection on Ext.P6.
b) The Governing body examines the representation as per the extant procedure, takes a decision and communicates to petitioner within two weeks thereafter.
c) Parties are directed to maintain status quo as on date for four weeks from today.
d) The jurisdictional objections now canvassed by parties are left upon for consideration as and when fresh cause of action arises in this behalf."
2. The learned counsel for the 1st respondent/writ petitioner submits that already orders had been passed by the competent authority pursuant to the directions issued by this Court. The contention urged by the appellant/5th respondent is that, though this Court had directed the Governing Body of Church of South India to consider the representation, no 4 W.A.No.696/2020 such Governing Body have been constituted for considering the same. Further, the writ petition was not maintainable.
3. In fact, the learned Single Judge did not consider the question of jurisdiction. But directed the matter to be considered by the Governing Body, in view of the fact that the representation was submitted before the Governing Body of Church of South India.
4. The learned counsel for the 1st respondent/writ petitioner submits based on Exts. P3 and P4 that, the aforesaid school had been recognized as an aided school and posts had been created by the Government, though the appointing authority is the Management itself.
5. Having regard to the aforesaid submissions, since pursuant to the directions issued by the learned Single Judge order had been passed, it would only be appropriate that any person aggrieved can challenge the said proceedings. At this stage we don't think that we should interfere with the judgment of the learned Single Judge.
The writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
kp True copy JUDGE
P.A. To Judge