IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 OP.No. 2594 of 1996(H) --------------------------------- PETITIONER(S): ----------------------- SMT.A. ISHATHU KUNJU, (ASHA MURALEEDHARAN NAIR), INSTRUCTOR GRADE II, ELECTRONICS & COMMUNICATION ENGINEERING DEPARTMENT, THANGAL KUNJU MUSALIAR COLLEGE, QUILON. BY ADV. MR.M.P.KRISHNAN NAIR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THANGAL KUNJU MUSALIAR COLLEGE OF ENGINEERING, QUILON-691 005, REP. BY S.H. MUSALIAR, CHAIRMAN GOVERNING BODY. 4. THE PRINCIPAL, THANGAL KUNJU MUSALIAR COLLEGE OF ENGINEERING, QUILON-691 005. R1 & R2 BY GOVERNMENT PLEADER SMT.T.B. REMANI. R3 & R4 BY MR.K.P.DANDAPANI, SENIOR ADVOCATE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 2594/1996-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVERNMENT ORDER NO.G.O.MS.27/85/H.EDN. DATED 27/01/1986 ISSUED BY THE GOVERNMENT. EXT.P2: COPY OF THE LETTER NO.E3-6551/84 DATED 21/06/1990 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE LETTER NO.E3-6551/84 DATED 15/03/1991 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER & OTHERS. EXT.P4: COPY OF THE ORDER NO.E3-2975/92 DATED 24/05/1995 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 29/06/1995 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE ORDER NO.E3-2975/92 DATED 17/07/1995 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE REPRESENTATION DATED 19/08/1995 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P8: COPY OF THE JUDGMENT DATED 25/09/1995 IN O.P. NO. 14000/95 PASSED BY HIGH COURT OF KERALA. EXT.P9: COPY OF THE PROCEEDING OF THE DIRECTION OF TECHNICAL EDUCATION DATED 20/11/1995. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE ORDER NO.E3-6551/84 DATED 11/06/1985 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(b): COPY OF THE MEMO NO.E3-6551/84 DATED 20/12/1986 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.R3(c): COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER, REFERRED TO IN THE COUNTER AFFIDAVIT. EXT.R3(d): COPY OF THE MEMO NO.E3-6551/84 DATED 12/02/1987 OF THE 4TH RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(e): COPY OF THE COVERING LETTER ENCLOSING REVISED LEAVE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.R3(f): COPY OF THE ORDER NO.E3-6551/84 DATED 21/07/1987 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. (PTO) O.P. NO. 2594/1996-H EXT.R3(g): COPY OF THE ORDER NO.E3-6551/84 DATED 21/12/1988 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(h): COPY OF THE ORDER NO.E3-6551/84 DATED 27/12/1989 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(i): COPY OF THE MEMO NO.E3-6551/84 DATED 21/06/1990 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(j): COPY OF THE MEMO NO.E3-6551/84 DATED 04/08/1990 OF THE 4TH RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(k): COPY OF THE LETTER NO.E3-6551/84 DATED 11/10/1990 OF THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.R3(l): COPY OF THE MEMO NO.E3-6551/84 DATED 08/03/1991 OF THE 4TH RESPONDENT ISSUED TO THE PETITIONER. EXT.R3(m): COPY OF THE ORDER NO.3754/J2/91/H EDN. DATED 04/03/1991 OF THE GOVERNMENT ISSUED TO THE 2ND RESPONDENT. EXT.R3(n): COPY OF THE LETTER NO.DP2/48945/90/DTE DATED 07/08/1991 OF THE JOINT DIRETOR, OFFICE OF THE 2ND RESPONDENT ISSUED TO THE 4TH RESPONDENT. EXT.R3(o): COPY OF THE COOMUNICATION NO.DP2/48945/90 DATED 26/04/1995 OF THE 2ND RESPONDENT ISSUED TO THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. --------------------------- O.P. No. 2594 OF 1996 -------------------------- Dated this the 25th day of February, 2010 J U D G M E N T The learned counsel for the third respondent submits that by order No.E3-2975/92-TKM College Trust dated 15.7.2008, the management of the college has removed the petitioner from service with effect from 9.10.1992, the date from which she was unauthorisedly absent. A copy of the said order was also made available to me. The petitioner has not amended this original petition by challenging the said order. In such circumstances, no relief can be granted to the petitioner in this original petition. It is accordingly dismissed without prejudice to the right of the petitioner to challenge the order dated 15.7.2008 passed by the educational agency in other appropriate proceedings, if, till date, the said order has not been challenged by the petitioner. P.N.RAVINDRAN, (JUDGE) vps 2