IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 2492 of 2009() --------------------- {IN WPC.31153/2008 OF THIS COURT} .................... APPELLANT(S): -------------- 1. THE DIRECTOR, INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES SOCIETY (IMHANS), KOZHIKODE. 2. THE INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES SOCIETY (NIMHANS), KOZHIKODE. REP. BY ITS DIRECTOR, INSTITUTE OF MENATAL HEALTH AND NEURO SCIENCES SOCIETY (NIHANS), KOZHIKODE. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): --------------- P. SARASWATHY, CLERK CUM TYPIST, INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES SOCIETY (IMHANS), KOZHIKODE. BY ADV.SRI.SAJAN MANNALI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ------------------------------------------------ W.A.No.2492 of 2009 ----------------------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is at the instance of the respondents in the writ petition. In the nature of the order which we propose to pass, we do not think it necessary to go into the various questions raised in the writ appeal, since the appeal is filed only against an interim order. 2. The main prayer in the writ petition pertains to the question as to whether the writ petitioner is entitled to continue beyond the age of 55 years in the 2nd appellant institute, in which the 1st appellant is the Director. The question has to be considered in the writ petition itself. 3. We are informed that the steps taken by the Institute to terminate the services of such people are pending consideration before the learned single Judge in W.P.(C)No.3309/05. There is also an interim order staying the W.A.No.2492 of 2009 :: 2 :: termination. In that view of the matter, unless both the writ petitions are clubbed together, heard together, and disposed of by common judgment, there is every likelihood of the question being answered differently. We also feel that certain observations and finding in the interim order under appeal are likely to have an impact on the decision in the writ appeal. 4. Therefore, there will be a direction that W.P.(C)No.31153/08 should be consolidated with W.P.(C)No.3309/05. The same will be posted forthwith, according to roster, so that they may be disposed of expeditiously. 5. Subject to the continuance of the interim order in W.P.(C)No.3309/05, the respondent herein shall be continued in service. Needless to say that, so long as the respondent is in service, she shall be paid salary and other service benefits available to the post, subject to the final decision in the writ petitions. In that view of the matter, we set aside the interim order under appeal. W.A.No.2492 of 2009 :: 3 :: Writ appeal is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.