IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WA.No. 1974 of 2010 ----------------------- AGAINST THE ORDER IN WPC.31190/2010 Dated 12/10/2010 .................... APPELLANT/PETITIONER: --------------------------- ROSILY VARGHESE, BINDER GRADE II, GOVERNMENT PRESS, ERNAKULAM, RESIDING AT ATTUPURAM VEEDU, KOOVAPPADI, CHERANELLUR P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 544. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.V.MADHURIPAN PILLAI RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE COMMISSIONER, STATE COMMISSIONERATE OF PERSONS WITH DISABILITIES, ROOM NO.113, SECRETARIAT ANNEXE, P.O.THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, GOVERNMENT CENTRAL PRESS, P.O.THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, KAKKANAD P.O., ERNAKULAM, PIN-682 030. 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, P.O. ERNAKULAM, KOCHI-682 018. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, P.O.THIRUVANANTHAPURAM-695 001. BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No.1974 of 2010 ------------------------------------------ Dated this the 19th day of November, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by an order dated 12th October, 2010 in W.P. (C) No.31190 of 2010 by which a learned Judge of this Court declined to grant an interim order, the instant writ appeal is filed. 2. The writ petition itself was filed challenging an order of termination of the employment. The appellant was initially employed by the second respondent against a vacancy reserved in favour of the persons with disability. However, when the appellant was subjected to a further scrutiny in the year 2010, the Medical Board opined that the appellant does not suffer from any disability whatsoever and therefore the order terminating the service of the appellant came to be passed on the ground that the certificate initially produced by the appellant evidencing disability must have been obtained by fraud. W.A.No.1974 of 2010 - 2 - 3. Whatever be the correctness of the conclusion, we are of the opinion that the matter does not call for intervention of this Court in an intra-court appeal. In our opinion, the learned Judge in exercise of his discretion rightly rejected the interim prayer. We see no merit in the appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns