IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WA.No. 1989 of 2005 ----------------------------- AGAINST THE JUDGEMENT IN O.P. NO. 24859/2002 DATED 14/06/2005. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. THE SANSKRIT UNIVERSITY EMPLOYEES UNION, REPRESENTED BY ITS GENERAL SECRETARY, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. 2. P.A. ANTONY, SECTION OFFICER, ACADEMIC `B' SECTION, SREE SANKARCHARYA UNIVERSITY OF SANSKRIT, KALADY. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY ITS REGISTRAR, KALADY. 2. THE VICE-CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, HIGHER EDUCATION (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. N. MALESWARAN, ASSISTANT REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT KALADY. W.A. NO. 1989/2005: *ADDL.R5. JACOB ITTOOP, S/O. ITTOOP, AGED 50 YEARS, ANJERIL HOUSE, BEHIND GOVT. HOSPITAL, KOTHAMANGALAM. *IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 12/01/2006 IN I.A. NO. 47/2006. GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R3 ADV. SRI. K. ANAND, SC, FOR R1 & R2, ADV. SMT. SUMATHI DANDAPANI FOR R4, ADV. SRI. K.R.B. KAIMAL FOR ADDL.R5. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1989 OF 2005 ------------------------------------- Dated 22nd July, 2008 JUDGMENT Koshy,J . The writ petition was filed challenging the continuance in the service of the fourth respondent as Assistant Registrar in the Sree Sankaracharya University of Sanskrit. The fourth respondent was originally working as U.D. Clerk in the Government Press, Thiruvananthapuram. He was appointed on deputation to the Sree Sankaracharya University of Sanskrit for a period of one year by proceedings dated 2.4.1994. He was absorbed in service of the University by Ext.P2 order dated 31.8.1995. The petitioners are challenging that order as all appointments made by the University before framing of the Statute were set aside by this court in Sree Sankaracharya University v. State (1996(2) KLT 378). Annexure A1 of the Syndicate decision also was to the same effect. Learned Judge noticed that fourth respondent was absorbed in service in 1995. It is also noticed that Government had by Ext.P7 order vetoed the proposal of the University repatriating the fourth respondent to his parent Department. Unlike the other cases, the fourth respondent was absorbed in service not merely by the orders of the University but also after obtaining prior W.A.1989/2005 2 permission from the Government in that regard. Learned Judge refused to interfere as from 1995 onwards fourth respondent was working and at this distance of time no purpose will be served by exercising jurisdiction. Subsequently, the fourth respondent retired from service. Connected writ appeals filed by the affected parties due to his promotion were dismissed as infructuous. Since the fourth respondent had already retired from service, there is no question of any likelihood of prejudice to any other employees and the relief prayed for cannot be granted. In any event, since fourth respondent already retired and connected writ appeals were dismissed, we dismiss this appeal also as it is not a case where extraordinary jurisdiction of this court need be exercised using its discretion. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks