Kerala High Court
Aleykutty Abraham vs M.G.University Appellate Tribunal on 12 March, 1997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938
WP(C).No. 22631 of 2006 (T)
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PETITIONER(S):
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ALEYKUTTY ABRAHAM
LECTURER), CHEMISTSRY K.G.COLLEGE PAMPADY)
KARIPPUMANNIL HOUSE, P.O. PAYYANAMON, KONNI
PATHANAMTHITTA.
BY ADVS.SRI.KRB.KAIMAL (SR.)
SRI.B.UNNIKRISHNA KAIMAL
RESPONDENT(S):
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1. M.G.UNIVERSITY APPELLATE TRIBUNAL
APPELLATE TRIBUNAL, THIRUVANANTHAPURAM.
2. MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR, MAHATMA
GANDHI UNIVERSITY, KOTTAYAM.
3. THE MANAGER, CORPORATE MANAGEMENT
OF MALANKARA ORTHODOX COLLEGE, DEVALOKAM, KOTTAYAM.
4. MOHAN VARGHESE, LECTURER IN CHEMISTRY
CATHOLICATE COLLEGE, PATHANAMTHITTA.
5. ANITHA KOSHY, LECTURER IN CHEMISTRY
BASELIUS COLLEGE, KOTTAYAM.
6. SMT.SUMA BINU THOMAS,
BASELIUS COLLEGE, KOTTAYAM.
7. SMT. HELEN JOSE, BASELIUS COLLEGE,
KOTTAYAM.
8. SRI.SUNIL JACOB, CATHOLICATE COLLEGE
PATHANAMTHITTA.
9. SMT.BINY K. VARGHESE,
CATHOLICATE COLLEGE, PATHANAMTHITTA.
10. SRI.ROSH V. KURIAKOSE,
CATHOLICATE COLLEGE, PATHANAMTHITTA.
WP(C).No. 22631 of 2006 (T) ::2::
11. SMT.ROSE THOMAS,
CATHOLICATE COLLEGE, PATHANAMTHITTA.
12. SMT.S. JALAJA KURIAKOSE,
GREGORIOUS COLLEGE, PAMPADY.
13. BINU ABRHAM, GREGORIOUS COLLEGE,
PAMPADY.
14. SMT.MARIAMMA C. KOSHY, DO. DO.
15. SMT.R.M. ROSE THOMAS, DO. DO.
R,R3 BY ADV. SRI.C.T.JOSEPH
R,R3 BY ADV. SRI.ROSHIN IPE JOSEPH
R,R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
RR2 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY
R8 BY ADV. SRI.ISAAC KURUVILLA ILLIKAL
R BY SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22631 of 2006 (T) ::3::
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1; TRUE COPY OF THE DOCUMENT R.42 PRODUCED BY THE 3RD RESPONDENT
BEFORE THE 1ST RESPONDENT DT 16.8.86
EXT.P2: TRUE COPY OF the APPEAL DATED 12.3.1997 NUMBERED AS APPEAL NO.
11 OF 1997 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXT.P3: TRUE COPY OF the ORDER DT 17.9.1998 OF THE 1ST RESPONDENT IN
APPEAL NO. 11/97
EXT.P4: TRUE COPY OF the JUDGMENT OF THIS HON'BLE COURT IN OP NO
20795/1998 A DT 20.07.2005
EXT.P5: TRUE COPY OF THE ORDER DT 31.3.2006 OF THE 1ST RESPONDENT IN
APPEAL NO. 11/1997
RESPONDENTS EXHIBITS:
EXT.R3(a): TRUE COPY OF the RESIGNATION LETTER DT 10.7.86
EXT.R3(b): TRUE COPY OF THE LETTER DT 1.8.86 FROM ALEYKUTTY ABRAHAM TO
THE SECRETARY MOC COLLEGE, KOTTAYAM
TRUE COPY
P.A TO JUDGE
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K. VINOD CHANDRAN, J
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W.P(C) No. 22631 of 2006
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Dated this the 23rd day of March, 2016
J U D G M E N T
The petitioner challenges the Tribunal order which refused her appointment in preference to the party respondents in the 3rd respondent College under the 1st respondent University. The petitioner was first appointed in a leave vacancy between 14.09.1982 and 23.11.1982. The petitioner applied for leave without allowance between 05.06.1986 to 11.08.1986. While she was continuing on leave, admittedly, the petitioner submitted a resignation letter dated 10.07.1986 which she is said to have withdrawn later. The petitioner's specific contention is that the petitioner was forced to resign from the college on compulsion exhorted by her husband who is also a Professor in the same College. Without going into the Tribunal's order it is to be noticed that despite that fact that the petitioner contends that there is a letter withdrawing the resignation, nothing is produced before this WPC.No.31488/2006 : Page numbers :
Court to substantiate the same. Further the petitioner is said to have been again accommodated in a vacancy, between 05.08.1986 to 04.08.1986. In which also she did not join. The petitioner by Ext. R3(a) sought for leave without allowance again, but however, on the specific ground that she would require some time to get the resignation letter counter signed by the Principal, Catholicate Collage Pathanamthitta. Hence the contention that the petitioner withdrew her resignation cannot at all be believed. The writ petition fails and there is no reason why this Court should interfere with Ext.P5 order of the Tribunal declining the claim of the petitioner.
Writ petition is dismissed. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
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P.A to Judge