IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JUNE 2007 / 16TH JYAISHTA 1929 WA.No. 1228 of 2007 --------------------- AGAINST THE JUDGEMENT IN WPC.26031/2003 Dated 16/08/2006 .................... APPELLANT: PETITIONER IN THE WRIT PETITION. ------------------------------------------------------ M.K.JANAKI, AGED 68 YEARS, W/O. LATE KRISHNANKUTTY, MUTHIRAMYALIL HOUSE, NEAR S.N.D.P. HIGH SCHOOL, MUVATTUPUZHA - 686 661. (FORMERLY FEMALE WARDER IN SUB JAIL, MUVATTUPUZHA) BY ADV. SRI.M.R.JAYAPRASAD RESPONDENTS: RESPONDENTS IN THE WRIT PETITION. ------------------------------------------------------------- 1. INSPECTOR GENEERAL OF PRISONS, CENTRAL PRISON, POOJAPURA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. PRINCIPAL SECRETARY TO GOVERNMENT, HOME (B) DEPARTMENT, THIRUVANANTHAPURAM. 4. SUPERINTENDENT, SUB JAIL, MUVATTUPUZHA. BY GOVT PLEADER SRI SANDESH RAJ THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. RADHAKRISHNAN & ANTONY DOMINIC, JJ. ----------------------------------------------------------------------- Writ Appeal No 1228 of 2007 ----------------------------------------------------------------------- Dated: 6 th June 2007 JUDGMENT Radhakrishnan, J. Ext. P5 is the impugned order passed by the Government on a direction given by this court in O.P. No 24765 of 2000. No reason has been stated by the Government for rejecting the request of the appellant and others for regularisation and consequential payment of pensionary benefits. Learned Government Pleader supported the government order on the basis of the reasons stated in the counter affidavit. Reasons must be reflected in the order itself and cannot be supplemented through the counter affidavit. In such circumstances, we set aside Ext. P5 order and direct the Government to reconsider the matter so far as the appellant is concerned on merits and pass orders within a period of four months from the date of receipt of a copy of this judgment. The writ appeal is disposed of as above. Sd/- K.S. RADHAKRISHNAN Judge Sd/- ANTONY DOMINIC Judge 06/06/2007en [true copy]