IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WA.No. 1329 of 2006() --------------------- AGAINST THE JUDGEMENT IN OP.32824/2002 Dated 25/05/2006 .................... APPELLANT: PETITIONER --------------------- T.R.MAYAMOL, W/O.DRI.T.B.PRADEEP KUMAR,52/527,AMD FLATS, PRATAP NAGAR,SANGANER,JAIPUR, JAJASTHAN. FORMERLY WORKING AS TUTOR IN MEDICO SOCIOLOGY, DEPARTMENT OF PEDIATRICS, ACADEMY OF MEDICAL SCIENCES HOSPITAL, PARIYARAM, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. ACADEMY OF MEDICAL SCIENCES HOSPITAL, PARIYARAM, REPRESENTED BY THE DIRECTOR, ACADEMY OF MEDICAL SCIENCES HOSPITAL PARIYARAM, KANNUR DISTRICT. 3. THE KERALA STATE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SCIENCES LTD.NO.4386, PARIYARAM,REP.BY THE MANAGING DIRECTOR THE KERALA STATE CO-OP.HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SCIENCES LTD.NO.4386,PARIYARAM,KANNUR DISTRICT. GOVT. PLEADER SRI.BENNY GERVASIS BY ADV. SRI.P.V.SURENDRANATH -R2 & R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.A. NO. 1329 OF 2006 -C ----------------------------------------- Dated 11th March, 2008. JUDGMENT Balakrishnan Nair, J. By the judgment under appeal, the learned single Judge directed the Government to consider the claim of the appellant. During the pendency of the appeal, the Government have considered her claim and passed Annexure-I order favourable to her. The relevant portion of the said order reads as follows: “Meanwhile the Director, ACME has challenged the order in G.O.(Rt) No.555/06/Co-op dtd. 8/12/06 and questioned the authority of govt., and cautioned legal proceedings vide his letter dtd.28/2/07. Yet in the fitness of things and following the analogy of treatments given to Sri.C.B.Sunil & other in G.O. (Rt) 555/06/Co-op dtd. 8/12/06, Government allows reinstatement of Smt.T.R.Mayamol also who is similarly placed back into services of the ACME with continuity of service with all consequential benefits including arrears of salary, disregarding the argument of the Director, ACME and order so.” In view of the above direction of the Government, there cannot be any further grievance for the appellant. But, the learned counsel for the WA 1329/2006 2 appellants submits that so far, the said direction of the Government is not implemented. 2. The learned counsel for respondents 2 and 3 submits that the said respondents propose to challenge Annexure-I Government order in appropriate proceedings. 3. In view of Annexure-I order, the Writ Appeal is disposed of with a direction to respondents 2 and 3 to implement that order, as far as it concerns the appellant herein within one month from the date of receipt of a copy of this judgment. This direction will not affect the rights, if any of respondents 2 and 3 to challenge Annexure-I and obtain appropriate interim orders against it. The authority considering the matter need not feel fettered by this direction issued by this Court to implement Annexure-I order. The direction to implement Annexure-I will be subject to any orders that may be passed by the competent authority before which the said order is challenged. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/