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2014 Supreme(Ker) 543

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Cochin College, represented by its Manager – Appellant
Versus
K. Ajith Kumar – Respondent


Advocate Appeared
For the Appellant:Manu Govind, A. Jayasankar, T.V. Ajaykumar, Advocates.
For the Respondents:R1, T. Vajayakumar, Advocate, R2 to R4, Viju Thomas, Sr Government Pleader.

Judgment

Dama Seshadri Naidu, J.

BACKGROUND:

1. Assailing the judgment dated 18.05.2010, both the parties to the lis filed intra-court appeals. The respondent college challenged the substantial relief granted to the petitioner-employee; the petitioner-employee, in turn, challenged the supposed inadequacy of the relief granted to him. Since both the appeals involve substantially the same issues between the same parties, we propose to dispose of both writ appeals through a common judgment. For ease of reference and felicity of appreciation, the facts as pleaded in W.A.No.1645/2010 are taken as the basis for discussion of the issues.

BRIEF FACTS (AS PLEADED IN O.P.NO.2138/2000):

2. The first respondent, a Ph.D. holder in Hindi, was initially appointed as a Lecturer in the appellant college, an aided college affiliated to Mahatma Gandhi University, through Ext.P1 dated 15.09.1993. The appointment is said to be in a short term leave vacancy, during the period from 15.09.1993 to 31.01.1994. Later, he was regularly appointed as Lecturer by Ext.P2 order dated 09.06.1995. Soon thereafter, while the first respondent was under probation, Sree Sankaracharya University of Sanskrit, Kalady, ('the

























































































































































































































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