E.P.SAJITHKUMAR Vs. THE ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Introduction: Initially, four writ petitions have been filed: one by the Manager (along with a teacher) of the School and the rest by three teachers. The issue is who, among those teachers, is a Lower Primary School Assistant ('LPSA') and who is an Upper Primary School Teacher ('UPSA'). With the threat of a UPSA getting retrenched looming large, the clamour to establish that each is an LPSA was intense.

(2.) A learned Single Judge rendered a common judgment in all the four writ petitions: The claim of the two teachers to be the LPSAs was upheld. The aggrieved two filed writ appeals. They have, however, chosen to file appeals in their own writ petitions, but not in those filed by the other teachers. It was despite the fact that they were parties to the other writ petitions and the findings in them were to their prejudice. Apart from the merits, a preliminary question, now, begs for an answer--Are these two writ appeals barred by the principles of res judicata?

(3.) As we resolve to determine the preliminary issue first and to consider the merits of the matter--if the lis could survive the preliminary objection--thereafter, we touch upon the factual controversy only to the extent necessary.