High CourtsSingle Bench(2010) 11 KL CK 0157

Rosily Varghese vs State Commissioner and Others

High Court Of Kerala · Decided on 19 November 2010

HON’BLE JUDGES
Jasti Chelameswar, J
RESULT
Dismissed
CASE NUMBER
WA. No. 1974 of 2010

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Judgment

4 paragraphs · 194 words

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.

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.

4.

The writ appeal is dismissed at the admission stage.