IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WA.No. 2810 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.22225/2009 APPELLANT(S): PETITIONERS 1. N.BINDU, PHARMACIST SENIOR GRADE I, DISTRICT GOVERNMENT AYURVEDA DISPENSARY, AYROOR, PATHANAMTHITTA DISTRICT. 2. K.A.SADASIVAN, PHARMACIST GRADE I, DISTRICT GOVERNMENT AYURVEDA DISPENSARY, AYROOR, PATHANAMTHITTA DISTRICT. 3. R.USHA, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, PALLICKAL, PATHANAMTHITTA DISTRICT. 4. S.JAYALAKSHMI, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, KUTTUR, PATHANAMTHITTA DISTRICT. 5. P.K.SUJATHA, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, RANNY, ANGADI P.O., PATHANAMTHITTA DISTRICT. 6. K.R.SYAMALA, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, SETHATHODU, PATHANAMTHITTA DISTRICT. 7. N.JASEEM, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, ELANTHOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT(S): RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, PATHANAMTHITTA. BY GOVT. PLEADER SRI. MANOJ; THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2810 OF 2009 --------------------------------------------- Dated this the 10th day of December, 2009 JUDGMENT Kurian Joseph, J. The learned Government Pleader takes notice on behalf of the respondents. 2. The appellants are the writ petitioners. They are Pharmacists Grade I working in Pathanamthitta District. The simple issue pertains to the counting of the provisional service rendered by them prior to 1.10.1994 for the purpose of service benefits. As far as this Court is concerned, the position is settled and covered against the appellants/petitioners as per the Full Bench decision of this Court in State of Kerala v. Ponnamma, 2005 (4) K.L.T. 987. But, the issue is now pending before the Apex Court. In the meanwhile, recovery steps have been initiated. The learned Single Judge dismissed the Writ Petition with an observation that subject to the decision of the Apex Court, needful orders should be passed in the matter of benefits. There was also a further direction to effect recovery in 12 monthly instalments. W.A. NO. 2810/2009 2 3. Having regard to the fact that the matter is now pending before the Apex Court, we are of the view that it will be sufficient if the interest of the State is safeguarded by obtaining an undertaking from the appellants/petitioners, who are still in service, to the effect that they will also be bound by the judgment of the Apex Court and that the Government would be free to effect recovery based on the outcome of the said decision. In the above circumstances, the Writ Appeal is disposed of as follows: The appellants/petitioners shall give an unconditional undertaking before the Government that in case the Full Bench decision of this Court referred to above is confirmed by the Apex Court, they will refund the benefits already sought to be recovered from them. The recovery can be effected from their pay/gratuity. However, it is made clear that the appellants herein also will be entitled to the benefits, if any, granted to the parties before the Apex Court. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2810/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2810/2009 JUDGMENT 10th December, 2009 W.A. NO. 2810/2009 4