AJO JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs: i. issue a writ or mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to return the bank guarantee/cash security furnished by the petitioner with interest at the rate specified by this Honoruable Court within a time frame to be fixed by this Court.

(2.) The petitioners were working as Assistant Managers in the Kerala Live Stock Development Board Limited (herein after referred to as 'the Board' for short), who is the 3rd respondent herein. Petitioners 2 to 5 in the writ petition were appointed in the Board as per Ext.P2 order dated 6.5.2002 and 1st petitioner was appointed as per Ext.P3 order dated 06.08.2005. As per the terms and conditions which were annexed to the order of their appointment, as seen from Ext.P2, they were to execute an agreement in a stamp paper worth Rs.50/- to serve for a period of 5 years on duty, failing which they were liable to pay liquidated damages of Rs.2,00,000/- (Rupees Two lakhs only). It was directed therein that the bond should be executed within a period of one month from the date of joining duty and the first salary would be disbursed thereafter. Accordingly all the petitioners had executed the bond as in Ext.P1, which is the bond executed by the first petitioner. Subsequently, in the year 2005, the petitioners got appointment in the Animal Husbandry Department through PSC as Veterinary Surgeons. Since they were not relieved by the Board on account of the conditions in their order of appointment, insisting payment of amount agreed to be paid in Ext.P1 agreement, they approached this Court filing W.P.(C) No.26809 of 2005. This Court by Ext.P7 interim order passed on 13.9.2005, directed the 3rd respondent to issue relieving orders to the petitioners forthwith subject to the final orders to be passed in the writ petition. Thereupon the 3rd respondent filed W.A.No.1937 of 2005 against the interim order and this Court as per the interim order dated 20.9.2005 directed the petitioners herein to furnish security either in the form of bank guarantee or cash security, in case they want to get themselves relieved on the strength of the interim order passed in the writ petition. Thereafter the writ appeal was dismissed as not pressed, as per judgment dated 22.9.2005. Subsequently by Ext.P10 judgment dated 19.7.2007 W.P. (C) No.26809 of 2005 was dismissed as infructuous, on the basis of the submission of petitioners.

(3.) In this context it is necessary to point out certain facts in respect of the petitioners as pointed out by the learned Senior Counsel appearing for the 3rd respondent. The petitioners had filed W.P.(C) No.26966 of 2005 also in respect of the very same matter in which all the petitioners herein except Dr.V.R.Rajesh (4th petitioner) were arrayed as petitioners. The learned Senior Counsel submits that, that writ petition was dismissed as not pressed as per judgment dated 22.9.2005. Subsequently the petitioners filed another writ petition No.14696 of 2009, which was subsequently withdrawn and by Ext.P8 judgment the said writ petition was dismissed as withdrawn with liberty to the petitioners to move another writ petition with respect to the very same subject matter.