IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WA.No. 1126 of 2008 ------------------------ AGAINST THE JUDGEMENT IN WPC.25784/2004 Dated 12/01/2006 .................... APPELLANTS/RESPONDENTS 1,4 & 5 IN THE WPC:- -------------------------------------------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 3. THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER BENNY GERVASIS. RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3:- ---------------------------------------------------------- 1. ISMIL OLAYIKKARA, JUNIOR LECTURER IN ARABIC, SIR SYED COLLEGE, TALIPARAMBA NOW WORKING AS HIGHER SECONDARY SCHOOLS TEACHER ON DEPLOYMENT. 2. THE MANAGER, SIR SYED COLLEGE, TALIPARAMBA. 3. THE REGISTRAR, KANNUR UNIVERSITY. ADV. SRI.M.SASEENDRAN, SC, KANNUR UNIVERSITY FOR R3 SRI.M.V.AMARESAN FOR R1 SRI.V.N.RAMESAN NAMBISAN FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------ Writ Appeal No.1126 OF 2008 ------------------------------------------ Dated this the 21st day of January, 2009. J U D G M E N T Kurian Joseph, J. The first respondent-State and respondents 4 and 5 in W.P.(C) No.25784/2004 are the appellants in this writ appeal. They are aggrieved by the judgment dated 12.01.2006 in the said writ petition filed by the first respondent herein. The issue pertains to the repatriation of the writ petitioner who was originally deployed from Sir Syed College, Taliparamba pursuant to the delinking of pre-degree. 2. It was found by the learned Single Judge that such repatriation is only for implementation of Exhibit P3 judgment in O.P.No.2797/2003 wherein it has been held that the petitioner would be entitled to go back to his respective college as and when vacancy arises in the said college, in case he is otherwise qualified for the post. W.A.1126/2008 2 3. The stand taken by the State is that after Exhibit P3 judgment referred to above, the Government had evolved a policy whereby the Junior Lecturers who are found surplus in the college pursuant to the deployment are in fact retrenched for ever from the respective college without retaining any lien in the college, so much so such Junior Lecturers have no claim for repatriation. It is submitted that the learned Single Judge in the said judgment had permitted the Government to take such a policy decision. 4. Learned Senior Government Pleader submits that if the repatriation as permitted by the learned Single Judge is allowed, that will open a floodgate of similar requests. We are afraid, there is no basis for such an apprehension. In the particular case, repatriation is permitted mainly on two reasons: i) the inter-party judgment and ii) the college where the writ petitioner was originally appointed has in fact no objection and that the college wants the service of the writ petitioner. Such a legal and factual position may not be available in other cases. W.A.1126/2008 3 Therefore, we make it clear that the judgment under appeal is applicable only to the writ petitioner and that the same shall not be taken for laying down any principle regarding repatriation of retrenched Junior Lecturers owing to the delinking of pre- degree from the colleges. This writ appeal is disposed of as above. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp W.A.1126/2008 4 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. W.A. No. 1126 OF 2008 J U D G M E N T 21.01.2009