IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 27837 of 2009() ------------------------------------ PETITIONER(S): --------------------- MANAGER, SREE NARAYANA TEACHER TRAINING INSTITUTE, NEELESWAR, PADNAKKAD POST, KASARAGOD DISTRICT. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE ADV. MR.MILLU DANDAPANI RESPONDENT(S): ------------------------ 1. SHRI.P.SASI, TEACHER, SREE NARAYANA TEACHER TRAINING INSTITUTE, NEELESWAR, PADNAKKAD POST, KASARAGOD DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD. R2 BY GOVERNMENT PLEADER SMT.M.R. SREELATHA. R1 BY ADV. MR.ELVIN PETER P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27837/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 21/05/2009 IN O.P. NO. 16111 OF 1999 R . EXT.P2: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16/07/2009 IN WP(C) NO. 34012/2008 Y. EXT.P3: COPY OF THE ORDER NO.B3/3012/2009 DATED 31/08/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT VIDE NO.SNTTI/MNGR/ADMN/1998-99 DATED 11/09/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27837/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of October, 2009 J U D G M E N T The petitioner is the Manager of Sree Narayana Teacher Training Institute, Neeleswar, Kasaragod District. The main challenge in the writ petition is against Ext.P3. As per Ext.P3, the District Educational Officer, Kanhangad approved the appointment of the first respondent as Teacher in charge of S.N.T.T.I, Neeleshwar for the period from 01/04/1998 to 03/06/2002. The above order is passed in terms of the directions in the Judgment in O.P.No.16111/1999 dated 21/05/2009 (Ext.P1). The contention raised by the petitioner in this writ petition is that the said Judgment has been taken up in appeal in W.A.No.1901/2009. The petitioner had also filed a Review Petition against the Judgment in O.P.No.16111/99 and the same was closed during the pendency of the Writ Appeal. 2. The learned counsel for the petitioner submitted that the Writ Appeal itself has been disposed of by Judgment dated 12/10/2009 reversing the Judgment. The first respondent herein is the first respondent in the Writ Appeal also. The operative portion of the said judgment is the following:- W.P.(C). No. -:2:- “..........................we are of the view that the direction issued by the learned Single Judge to straight away promote the 1st respondent as Headmaster of the appellant's T.T.I, cannot be sustained. So, we set aside the same. But, the Manager shall consider the claim of the 1st respondent for promotion as Headmaster of the T.T.I with effect from 04/06/2002 in accordance with law within one month from the date of receipt of a copy of this Judgment.” 3. In the light of the above, the directions in the Judgment rendered by the Division Bench in W.A.No.1901/2009 will obviously govern the parties. Therefore, the Writ Petition is closed as no further prayers are made in the Writ Petition. No costs. (T.R. Ramachandran Nair, Judge.) ms