IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35119 of 2008(E) -------------------------------------- PETITIONER(S): ---------------------- 1. T.A BABU, LAST GRADE SERVANT, S.H. COLLEGE, THEVARA. 2. POULOSE JOSEPH, LAST GRADE SERVANT, S.H. COLLEGE, THEVARA. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, TO GOVERNMENT, HIGHER EDUCATION (D), DEPARMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM, KOCHI -11. 4. SACRED HEART COLLEGE, THEVARA, KOCHI -13, REP. BY ITS MANAGER. GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R1 TO R3 ADV. SRI.TONY GEORGE KANNANTHANAM, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No.35119 OF 2008 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T The petitioners are last grade servants in the 4th respondent College. It is stated that the 4th respondent had terminated two last grade servants in 1992. Ultimately, those employees have obtained favourable orders from the University Appellate Tribunal, a copy of which is Ext.P1. In pursuance to Ext.P1, those employees have also been reinstated. Consequently, by Exts.P2 and P3 orders, the respondents 1 and 2 have required the 4th respondent to retrench two junior most last grade employees. Unfortunately, as at present, the petitioners are the junior most. It is by challenging Exts.P2 and P3, and praying for continuance in the college, the writ petition is filed. 2. As already noticed, the proposal for retrenchment as reflected by Exts.P2 & P3 arose out of the reinstatement W.P.(C) No.35119/2008 -2- consequent on Ext.P1. Since that order has become final, the concerned employees had to be reinstated and as an inevitable consequence, the junior most will have to be retrenched. If so, I cannot find any fault with Exts.P2 & P3. The writ petition fails and is, accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg