IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WA.No. 511 of 2009() -------------------- AGAINST THE JUDGEMENT IN OP.22297/1999 Dated 28/03/2008 .................... APPELLANTS/RESPONDENTS: -------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM, 3. THE ASSISTANT EDUCATIONAL OFFICER, CHANGANASSERY. BY SPL. G.P. SRI.N.MANOJ KUMAR RESPONDENTS/PETITIONERS: --------------- 1. P.T. UMMERKUTTY, HEADMASTER (RETIRED)GOVT. U.P.S. POOVAM. CHANGANASSERY. 2. T.K. SUKUMARAN, HEADMASTER (RETIRED) GOVT. L.P.S KADAMCHIRA, THRIKKODITHANA, CHANGANASSERY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 511 OF 2009 -------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT Ramachandran Nair, J. Even though we should wait for service of notice on the respondents for deciding the matter, we feel service will only lead to expenses for the respondents because even if respondents appear we are bound to follow the Division Bench judgment of this Court in STATE OF KERALA V. GOPALAKRISHNA PILLAI, (2009) 2 K.L.T. 39, which is against the respondents. Division Bench judgment is rendered subsequent to the impugned judgment of the learned single Judge. Following the judgment above referred, we allow the Writ Appeal and declare that the respondents' entitlement for pension and other benefits should be granted based on the Division Bench judgment above referred. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk