IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 731 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11276/2007 Dated 14/01/2009 .................... APPELLANT(S): PETITIONERS: -------------------------- 1. YESODA.V., ATTENDANT (NOW RETD.) INSTITUTE OF ANTIMAL HEALTH AND VETERINARY BIOLOGICAL, PALODE, PACHA P.O., THIRUVANANTHAPURAM. 2. T.MOHANAN, ATTENDANT (NOW RETD.) INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS, PALOSE, PACHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT OF KERALA, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, STATUE, THIRUVANANTHAPURAM. 2. DIRECTOR OF ANIMAL HUSBANDRY DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DIRECTOR, INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS, PALOSE, PACHA P.O., THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. R. BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 731 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the writ petitioners. They approached this Court seeking the following reliefs: “1) Issue a writ of mandamus, or any other writ, order or direction directing the respondents to grant the risk allowance as per Exhibit P1 G.O.(P) 480/89/Fin dated 1.11.1989, to the petitioners and disburse the entire arrears immediately. 2) Issue such other orders or directions which this Honourable Court deem fit and proper in the interest of justice.” 2. The learned Single Judge directed the appellants to file a representation before the Government high lighting their claim and a direction was issued to the Government to consider that representation in accordance with law, within a time limit. Dissatisfied with the above direction issued by the learned Single Judge, this writ appeal was filed. W.A.No. 731 of 2009 2 3. We find that the claim of the appellants have already been considered by the Government and rejected. The said order has not been challenged in time. However, the learned Single Judge was liberal beyond the requirement of law and permitted the appellants to file representation and further directed the Government to consider that representation. Therefore, the present appeal is unsustainable in law and it cannot be entertained. 4. This appeal is accordingly dismissed. The appellants may file representation before the Government, if they have not filed the same so far, within two weeks from today. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm