Deepu S. Kumar
Vs. K.S.R.T.C. Sree C. T. Col. of Eng. Sty. & Ors [2009] INSC 1341 (31 July
2009)
Judgment
CIVIL
APPELLATE JURISDICTION CIVIL APPEAL NO. 5132 OF 2009 (Arising out of SLP(C)No.
24197/2007) Deepu S.Kumar ...Appellant(s) Versus K.S.R.T.C. Sree C.T.COOL OF
...Respondent(s) ENG. STY. & ORS.
WITH
CIVIL APPEAL NO. 5131 OF 2009 (Arising out of SLP(C) No. 25407/2007 ORDER In
C.A...../2009 @ SLP(C) 25407/2007 Leave granted.
Mr.
T.L.V. Iyer, the learned senior counsel for the appellant has taken us to the
affidavit of Mr. B.R.Mohan Kumar, Law Officer to the Government of Kerala, on
behalf of the State of Kerala, to the effect that respondent No.3 is indeed a
State and, thus, amendable to the writ jurisdiction of the Court under Art.226
of the Constitution. He further states that in this view of the matter, the
appeal needs to be allowed as the writ petition had been dismissed by the High
court on the short ground that Respondent No.3 was not amenable to the writ
jurisdiction of the High Court.
-2- We
accordingly allow this appeal and set aside the impugned order and remit the
case to the High Court for a fresh decision on merits. In the light of the fact
that some of the appellants are no longer in service, we request the High Court
to dispose of the matter within six months, if possible .
In
C.A.No...../2009 @ SLP(C) NO. 24197/2007 Leave granted.
In view
of the order passed in C.A.No. 5132/2009 @ SLP(C) No. 24197/2007, we allow this
appeal and set aside the impugned order and remit the case to the High Court
for a fresh decision on merits. In the light of the fact that some of the
appellants are no longer in service, we request the High Court to dispose of
the matter within six months, if possible .
................ .J. (HARJIT SINGH BEDI) .
..................J. (J.M. PANCHAL)
New Delhi, July 31, 2009.
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