C C JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ appeals arise from the common judgment in O.P. No. 5686/01 and O. P. No. 31697/02.

(2.) The petitioner in O.P. No. 5686/01 claimed the post of Headmistress of Mannam Memorial High School, Vilakkudy, Punalur, as she was overlooked. The manager appointed the petitioner in O.P. No. 31697/02 in that post. There were several litigations concerning the matter including disciplinary action against the petitioner in O.P. No. 5686/01. Finally, based on a direction from this court, the Manager the appellant the appellant in W.A. No. 2157/03 considered her claim and passed Ext. P9 marked in O.P. No. 5686/01 to the effect that, as there was disciplinary action and criminal case pending against her, she could not have been appointed as Headmistress. Consequently, Ext. P10 order was issued by the Manager appointing an enquiry officer to hold an enquiry against her. Earlier she had been placed under suspension and was later reinstated.

(3.) During the pendency of the said original petition, her claim for the post of Headmistress had been finally considered and adjudicated by the Government as is revealed by Ext. P11 marked in O.P. No. 31697/02. Government, in that order, upheld the claim of the petitioner in O.P. No. 5686/01. That order was challenged by the appointee - the petitioner in O.P. No. 31697/02. Therefore, in the light of Ext. P11, there arises no question of considering the challenge against Ext. P9 marked in O.P. No. 5686/01. It is also now agreed by the counsel on either side that the disciplinary action had never been proceeded against the petitioner in O.P. No. 5686/01 and that she had retired by now. Therefore, there arises no question of considering the challenge against Ext. P10 as well.