IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 W.A.No.50 of 2010 ---------------------------- AGAINST THE JUDGEMENT IN WP(C).9304/2009 DATED 23/10/2009 .................... APPELLANTS /RESPONDENTS 1 TO 4:- ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL. RESPONDENTS /PETITIONER & RESPONDENT No.5:- -------------------------------------------------------------------------- 1. C.RAJI, CHAKKUNGAL HOUSE, KATTUSSERY P.O., ALATHUR, PALAKKAD DISTRICT (MUSIC TEACHER, K.T.M.HIGH SCHOOL, MANNARKAD.) 2. THE MANAGER, K.T.M.HIGH SCHOOL, MANNARKKAD, PALAKKAD DISTRICT. R1 BY ADV. SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) SMT.M.R.SREELATHA SRI.K.P.SUDHEER R2 BY ADV. SRI.KRISHNAKUMAR MANGOT. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- APPENDIX APPELLANTS' ANNEXURES:- ----------------------------------------- NIL. RESPONDENT'S ANNEXURES:- -------------------------------------------- ANNEXURE R1(1) - TRUE COPY OF G.O.(P) NO.199/2011/G.EDN. DATED 01.10.2011 ISSUED BY GOVT. OF KERALA, GENERAL EDUCATION (J) DEPARTMENT. ANNEXURE R1(2) - TRUE COPY OF APPLICATION DATED 10.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. ANNEXURE R1(3) - TRUE COPY OF G.O.(P) NO.205/2011/G.EDN. DATED 7.10.2011 ISSUED BY GOVT. OF KERALA, GBENERAL EDUCATION (J) DEPARTMENT. (TRUE COPY) C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ---------------------------------------- W.A.No.50 of 2010-E ----------------------------------------- Dated this, the 13th day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: Since the issue raised in the Writ Appeal is covered by a Division Bench judgment in W.A.No.2679 of 2009, based on which Annexure R1 (1) order is issued by the Government, the judgment of the learned Single Judge cannot stand. Following the Division Bench judgment, we allow the Writ Appeal filed by the State and vacate the judgment passed in the writ petition and dismiss the same. 2. However, the learned counsel for the 1st respondent submitted that based on the observations made in the Division Bench judgment, Government has provided a package to the teachers getting disengaged and the 1st respondent will be entitled to the benefit. 3. We are sure that the appellants will give the benefit of the package to the 1st respondent, if she is eligible under the scheme. In this regard, the 1st respondent's representation will be considered by the appellants without any delay. W.A.No.50 of 2010 - 2 - Leaving it open to the 1st respondent to claim the benefit under the package, we allow the Writ Appeal as above. C.N.Ramachandran Nair, Judge K.Vinod Chandran, Judge. vku/131211