IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 9657 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------ LUKOSE GEORGE, AGED 44 YEARS, S/O.L.GEORGE, RESIDING AT LATHIKA BHAVANAM, KALLELIBAGHOM P.O., KARUNAGAPALLY, KOLLAM-690 546, PRESENTLY WORKING AS ASSISTANT DIRECTOR OF PHYSICAL EDUCATION AND SPORTS AT SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE AT PAYYANNUR. BY ADV. SMT.SARITHA DAVID CHUNKATH RESPONDENT(S): ------------------------ 1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. 3. THE VICE CHANCELLOR, SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. 4. MR.DHINU M.R., AGE NOT KNOWN TO THIS PETITIONER, S/O.NOT KNOWN TO THIS PETITIONER, RESIDING AT CHIPPY, MANAKKUNNATH, IRINJALAKUDA NORTH, THRISSUR-680 126. BY ADVS. MR.P.K.VIJAYAMOHANAN FOR R1 TO R3 BY ADVS. MR.PIRAPPANCODE V.S.SUDHIR FOR R4 MR.V.VARGHESE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9657/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMO DT. 31.8.04 INFORMING THE PETITIONER ON HIS SELECTION AND DIRECTING HIM TO JOIN DUTY. P1(a):- COPY OF THE ORDER DT. 13.9.04 APPOINTING THE PETITIONER 13.9.04 APPOINTING THE PETITIONER. P2:- COPY OF THE ORDER DT. 5.10.05 DECLARING THE PROBATION OF THE PETITIONER. P3:- COPY OF THE ORDER DT. 4.5.05 ASSIGNING THE CHARGE OF THE DEPARTMENT OF PHYSICAL EDUCATION AND SPORTS TO THE PETITIONER. P4:- COPY OF THE ORDER DT. 24.1.09 TRANFERING THE PETITIONER TO THE REGIONAL CENTRE AT PAYYANNUR. P5:- COPY OF THE NORMS FOR TRANSFER LAID DOWN BY THE IST RESPONDENT UNIVERSITY. P6:- COPY OF THE ORDER DT. 27.2.09 ASSIGNING THE CHARGE OF THE DEPARTMENT OF PHYSICAL EDUCATION AND SPORTS TO THE 4TH RESPONDENT. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9657 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2009. JUDGMENT The petitioner has filed this writ petition aggrieved by Ext.P6, whereby the fourth respondent was assigned the charge of Head of the Department. As per the interim order dated 1.4.2009, the operation of Ext.P6 was stayed and respondents 1 to 3 were directed to put the petitioner back in charge of the Head of the Department of Physical Education. 2. It is reported by the learned counsel for the petitioner that the said interim order has been complied with and the petitioner has been restored the position as Head of the Physical Education Department. 3. In that view of the matter, no further orders are called for in the writ petition. Learned counsel appearing for the 4th respondent submits that this may not affect the future claims of the 4th respondent in terms of the Statutes that will be in force from time to time. Learned Standing Counsel for the University also submits that they will abide by the terms of the Statute in force. In the light of the fact that pursuant to the interim order the position has been restored, it is unnecessary to set aside Ext.P6, since the petitioner wpc 9657/2009 2 has already been restored to the position. Ext.P6 cannot therefore be enforced against the petitioner. The writ petition is closed. (T.R. Ramachandran Nair, Judge.) kav/