IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 753 of 2006(M) --------------------------------- PETITIONER(S): ---------------------- BENOY P.EAPEN, S/O.LATE A.M.POULOSE, ARUMANA HOUSE, CHELAKOMPU.P.O, KARUKACHAL (LOWER PRIMARY SCHOOL ASSISTANT, CMS UPPER PRIMARY SCHOOL, CHELAKOMPU). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 2. THE CORPORATE MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA, CATHEDRAL ROAD, KOTTAYAM. 3. JUBY THOMAS THOPPIL, HIGH SCHOOL ASSISTANT (MATHS), CMS COLLEGE HIGHER SECONDARY SCHOOL, KOTTAYAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH FOR R1 BY ADV. SRI.BABU VARGHESE FOR R2 SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 753 of 2006(M) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF APPOINTMENT DATED 26-06-2001 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE ORDER DATED 12-07-2004 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE ORDER BEARING NO. 1155/A/05 DATED 13/10/2005 ISSUED BY THE 2ND RESPONDENT REVERTING THE PETITIONER FROM THE POST OF HIGH SCHOOL ASSISTANT (MATHS) TO THE POST OF LOWER PRIMARY SCHOOL ASSISTANT. P4: COPY OF THE INTERIM ORDER DATED 29-11-2005 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 33206/2005. P5: COPY OF THE JUDGMENT DATED 20-11-2005 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 33206/2005 . P6: COPY OF THE ORDER DATED 27/12/2005 THUS PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS S.SIRI JAGAN, J. ================== W.P.(C).No. 753 of 2006 ================== Dated this the 3rd day of October, 2011 J U D G M E N T The learned counsel for the petitioner submits that this writ petition may be closed without prejudice to the right of the petitioner to prosecute W.P.(C).No.20692/2007, in which, consequent orders passed are challenged. Accordingly, this writ petition is closed without prejudice to the right of the petitioner to prosecute W.P.(C).No. 20692/2007 and to take all the contentions taken in this writ petition, in that writ petition. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge