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2006 Supreme(Ker) 796

M.SASIDHARAN NAMBIAR
M. E. S. Central College Committee – Appellant
Versus
M. Syed Mohammed – Respondent


Judgment :-

In which Sub Court can an order passed by University Appellate Tribunal be executed? Whether it could be executed at the place where the main office of the educational agency is situate? Can it be executed before a Sub Court in whose jurisdiction the educational agency has a private college? Whether the order is to be executed only before the Sub Court within whose jurisdiction the particular private college where the respondent worked at the time when the jurisdiction of the University Appellate Tribunal was invoked. These are the interesting questions to be settled in this petition.

2. The factual matrix is as follows:- Respondent was Junior Superintendent of M.E.S. College, Kodungallur. He was subsequently transferred to M.E.S. College, Mampad. Respondent approached the University Appellate Tribunal alleging that he was unlawfully kept out of duty and claimed salary for that period. He also claimed seniority over another employee who was promoted as Junior Superintendent. University Appellate Tribunal granted an order in favour of respondent finding that he is entitled to be posted as Junior Superintendent with effect from 9.2.70. He was granted monetary benefit for t























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