IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WA.No. 1778 of 2011() ----------------------------- (ORDER DATED 17.11.2011 IN IA.18439 OF 2011 IN WP(C).30253/11) APPELLANT(S): ---------------------- MISS.DEEPA S. PILLAI, PUTHUVEEDU, AYANI SOUTH, S.V.M.P.O., KARUNAGAPALLY – 690 518. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION (E.R.A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ALAPPAD GRAMA PANCHAYAT, CHERIYAZHIKKAL – P.O., KARUNAGAPPALLY – 690 573, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, ALAPPAD GRAMA PANCHAYAT, CHERIYAZHIKKAL – PO.O., KARUNAGAPPALLY – 690 573. R1 BY GOVT.PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1778 of 2011 ---------------------------------------------- Dated this the 23rd day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Appellant herein has approached this Court questioning the termination of her service as Accountant-cum-Data Entry Operator by appointing the second respondent in her place. She approached the learned Single Judge questioning the termination of her services before completion of contract period of one year, which would end with 31.3.2012, on the ground that there is violation of clause 3 of the terms of contract. The learned Single Judge, after taking into account Exhibits P2 and P3 and also clause 5 of the agreement, opined that as per the terms of contract, if one month's notice is given, there is no need to pay any compensation or pay, but if she is terminated without notice, at the most she would be entitled to one month's pay. In that view of the matter, the learned Single Judge felt, there was no justification in granting stay of appointment of any person in the place of the appellant and the matter is posted to 1.12.2011. We WA.1778/11 2 decline to express any opinion on the merits of the case as the Writ Petition is still pending, but the appeal deserves to be dismissed as we do not find any good ground to interfere with the opinion of the learned Single Judge on interlocutory application. The Writ Appeal is dismissed accordingly. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs