IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 17960 of 2009(L) -------------------------------------- PETITIONER(S): ---------------------- GIRIJA, AGED 50 YEARS, W/O.SASIKUMAR, RESIDING AT AYILLIAM, KAVALAKULAM, NEYYATTINKARA, NEYYATTINKARA POST, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.D.ROBINSON RESPONDENT(S): ------------------------ 1. KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY AND ENVIRONMENT, THIRUVANANTHAPURAM, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT. 2. CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, THIRUVANANTHAPURAM-31. REPRESENTED BY ITS DIRECTOR. 3. REGISTRAR CENTRE FOR EARTH SCIENCE STUDIES, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.17960 of 2009 -------------------------------------- Dated 7th July, 2009 JUDGMENT In this writ petition, the petitioner seeks the following reliefs: “i) to issue a writ of mandamus or other appropriate writ or order directing the respondents to take immediate step to reinstate the petitioner in service in the post of Librarian in the Scientist B category with retrospective effect and with back wages. ii) to issue a writ of mandamus or other appropriate writ or order directing the respondents to consider the exhibit P6 order dated 2.11.2005 with retrospective effect. iii) to quash the Exhibit P4 relieving order dated 31.3.2009 of the 3rd respondent by way of Writ of Mandamus or other appropriate writ or orders. iv) and in the alternate the petitioners may be appointed as assistant Librarian by a writ of mandamus or other appropriate writ or orders in the 2nd or 3rd respondents institution.” The petitioner had earlier filed W.P.(C)No.31528 of 2005 in this Court seeking the following reliefs: “a) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to promote the petitioner to the post of Librarian in the 1st respondent centre; b) declare that the petitioner is eligible to be WP(C).No.17960/2009 2 appointed as the Librarian in the establishment of the 1st respondent. c) issue a writ or order of mandamus commanding the 1st & 2nd respondents to fill up the post of librarian by appointing the petitioner who is the senior most qualified hand available in the service of the centre.” In that writ petition, the petitioner had claimed promotion to the category of Librarian which is equivalent to Scientist B category. The said writ petition was dismissed for non-prosecution by judgment delivered on 21.7.2008. Thereafter, while working as Senior Grade Assistant, the petitioner retired from service on 31.3.2009 on attaining the age of superannuation namely 58 years. The reliefs sought for in this writ petition are substantially the same as the reliefs sought in W.P.(C)No.31528 of 2005. Since the said writ petition was dismissed for non-prosecution, the petitioner cannot in my opinion file a fresh writ petition seeking substantially the same reliefs as were sought in W.P.(C)No.31528 of 2005. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS