IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 9100 of 1998(G) --------------------------------- PETITIONER: ------------------- R.SURENDRAN NAIR, RAJENDRA MANDIRAM, CHETTUPARA, KALLAR PATTOM COLONY, UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV RESPONDENTS: ---------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT GOVERNMENT OF KERALA, TRIVANDRUM. 3. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 4. DEPUTY DIRECTOR OF EDUCATION, IDUKKI 5. ASSISTANT EDUCATIONAL OFFICER,NEDUMKANDAM. 6. MANAGER, RAJENDRA PRASAD MEMORIAL L.P.SCHOOL, CHETTUPARA, NEDUMKANDAM , IDUKKI. 7. C.N.SUKUMARAN NAIR, TEACHER, IN-CHARGE, RAJENDRA PRASAD MEMORIAL L.P.SCHOOL, CHETTUPARA, NEDUMKANDAM. BY ADV. SRI.V.JINACHANDRAN SRI.BESTIN JOSEPH GOVERNMENT PLEADER SMT.T.B.RAMANI SRI.S.VIJAYAKUMAR SRI.S.SUBHASH CHAND SRI.V.JINACHANDRAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.9100/1998 ORDER ON CMP. NO.15300/1998 IN OP. NO.9100/1998 DISMISSED 11/01/2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LETTER NO.F.75313/95 DT.2.11.96 FROM 3RD RESPONDENT TO 7TH RESPONDENT. EXT.P2:- COPY OF THE PETITION OF PETITIONER TO HONOURABLE EDUCATION MINISTER DT. 12.11.96. EXT.P3:- COPY OF THE JUDGMENT IN OP. 14067/97 DT. 3.11.97 HIGH COURT OF KERALA. EXT.P4:- COPY OF THE QUESTIONS AND ANSWERE IN THE MATHRUBHOOMI DAILI DT. 20.3.1994. EXT.P5:- COPY OF THE HEARING NOTICE DT. 21.11.96 FROM 3RD RESPONDENT THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R7(a):- COPY OF THE JUDGMENT DT. 7.8.96 IN OP. 4066/96.. EXT.R7(b):- COPY OF THE JUDGMENT DT. 28/2.1997 IN G.O. RT. 491/96 OF THE JUDICIAL FIRST CLASS MAGISTRATE OF NEDUMKANDAM. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = O.P.No.9100 of 1998-G. = = = = = = = = = = = = = = = = Dated this the 11th day of January, 2008. J U D G M E N T The petitioner is a retired teacher of Rajendra Prasad Memorial L.P. School, Chottupara, Udumbanchola Taluk in Idukki district. He retired from service after completing 30 years of service on 30.6.1996. In this Original Petition he has sought for various reliefs including a direction compelling the respondents to promote the petitioner to the post of Head Master and to grant pay fixation and other benefits like pensionary benefits etc. The petitioner had approached this Court earlier by filing OP.No.14067/1997 which was disposed of by Ext.P3 judgment. This Court in Ext.P3 judgment directed the respondents therein to disburse the pensionary benefits to the petitioner within two months from the date of receipt of a copy of that judgment. Thereafter the present writ petition is filed practically for the very same reliefs. 2. The 7th respondent has filed a counter-affidavit explaining various circumstances and denying any complicity on the part of the said respondent in respect of missing service book of the petitioner etc. O.P.No.9100 of 1998-G. 2 The petitioner had filed a criminal complaint wherein the 7th respondent was an accused and was later discharged. The learned counsel for the 7th respondent therefore submitted that filing of the present Original Petition is an abuse of process of this Court. In the light of Ext.P3 judgment, I am of the view that the petitioner cannot re- agitate the matters in this writ petition. The counsel for the 7th respondent has pointed out that nothing survives in the writ petition as the entire claim was concluded by the earlier judgment. I am therefore not satisfied that petitioner is entitled for any of the reliefs sought for. The Original Petition is dismissed. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-