K M PREMAKUMARI Vs. MANAGER PARLI HIGH SCHOOL

JUDGEMENT

(1.) THE petitioner is working as a Physical Education Teacher in the High School Section of the Parali High School, which is an aided school managed by the 1st respondent. The 2nd respondent was another Physical Education Teacher. As between the petitioner and the

(2.) ND respondent, the petitioner was the senior teacher. But the petitioner was working in the U.P. Section and the 2nd respondent was working in the High School Section. On staff fixation for the academic year 2001-02, one post of Physical Education Teacher in the U.P. School was reduced. Consequently, the petitioner being the senior teacher was accommodated in the High School Section and the 2nd respondent was appointed in the U.P. Section as a protected teacher. This was on the basis of Ext.P2 Government order. The respondents 1 & 2 challenged Ext.P2 before this Court. This Court dismissed the writ petition and upheld the validity of Ext.P2 by Ext.P3 judgment. Although a review petition was filed by respondents 1 & 2, that was allowed to be withdrawn at the request of respondents 1 & 2, reserving their right to redresses their grievances by approaching the statutory authority. But contrary to Ext.P2, the 1st respondent has passed Ext.P7 order, whereby the petitioner was accommodated as a protected teacher in the U.P. Section and the 2nd respondent was accommodated in the only available post of Physical Education Teacher in the High School Section. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(3.) NOBODY can dispute the fact that Ext.P3 judgment has become final and binding on all parties concerned. The operative portion of Ext.P3 judgment is contained in paragraphs 10 to 12, which read thus: