High Court of KeralaWA/1357/2011dismissed

The Secretary To Government v. P.J.Augustine (Died)

2015-07-03Honourable Mr. Justice Shaji P.Chaly,Honourable Mr.Justice Antony Dominic2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 W.A.No. 1357 of 2011 ---------------------------- AGAINST THE JUDGMENT IN WP(C) 39901/2003 of HIGH COURT OF KERALA DATED 11-11-2009 APPELLANTS/RESPONDENTS:

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1. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

2. THE ACCOUNTANT GENERAL (A&E), KERALA THIRUVANANTHAPURAM.

3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.

4. THE ASSISTANT EDUCATIONAL OFFICER, THURAVOOR, CHERTHALA.

BY ADV. GOVERNMENT PLEADER SRI.M.A.FAYAZ RESPONDENTS/PETITIONER & SUPPLEMENTARY 2ND PETITIONER: ------------------------------------------------------------------------------------------

1. P.J.AUGUSTINE (DIED) HEADMASTER ST.MARY'S I MMACULATE L.P.SCHOOL, EZHUPUNNA, CHERTHALA ALAPPUZHA DISTRICT (DIED), PIN 688 548.

2. JESSY AUGUSTINE, W/O.LATE P.J.AUGUSTINE, PUTHIYATH HOUSE, AROOR PO ALAPPUZHA DISTRICT PIN 688 534.

R2 BY ADV. SRI.K.MOHANAKANNAN RR2 BY ADV. SMT.A.R.PRAVITHA R BY SRI.K.MOHANAKANNAN R BY SMT.A.R.PRAVITHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & SHAJI P. CHALY, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Writ Appeal No.1357 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2015

JUDGMENT

Antony Dominic, J.

The writ petition was filed by the deceased first respondent and the question raised was regarding his entitlement for the arrears consequent on re-option. By the judgment under appeal, the learned Single Judge allowed the writ petition following the Division Bench judgment in State of Kerala v. Lissy Joseph (2005 (4) KLT SN.70 C.No.97). It is this judgment, which is under challenge before us.

2. Though it is true that an S.L.P. filed against the judgment relied on by the learned Single Judge is pending before the Apex Court, as at present the Division Bench judgment remains as a precedent binding on this Court. In such circumstances, we do not find any illegality in the view taken by the learned Single Judge. Writ appeal is dismissed. Sd/- ANTONY DOMINIC JUDGE Sd/- SHAJI P. CHALY JUDGE jes