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. 1231 of 2006() --------------------- AGAINST THE JUDGEMENT IN OP.24704/2002 Dated 25/05/2006 .................... APPELLANT: PETITIONER ---------------------- BINDU M.V., JAYAMURALI APARTMENTS, PARIYARAM P.O., KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: RESPONDENTS ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACADEMY OF MEDICAL SCIENCES HOSPITAL, PARIYARAM, REP. BY THE DIRECTOR, ACADEMY OF MEDICAL SCIENCES HOSPITAL, PARIYARAM, KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS SRI.P.V.SURENDRANATH - R2 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. 1231 /2006 -D ----------------------------------------- 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-III order, favourable to her. The relevant portion of the said order reads as follows: “There is no merit in the argument that the advertisement was given erroneously. It took two years for the management to find out the so-called 'error'. Advertise for a post, recruit an employee after considering his qualifications, ratify the decision by the Board of Directors, put him on probation for a period of two years on a fine morning, dismiss him without giving him notice on an opportunity to be heard. This course of action followed by the Academy of Medical Sciences, Pariyaram is erroneous and unsustainable. Therefore, it is hereby ordered that the termination orders issued by Director, Academy of Medical Sciences against M/s. C.B. Sunil, Smt.M.V.Bindu and Dr.Mubarack Sani be quashed. They will be considered as continuing in service and hence shall be entitled to all consequential benefits including arrears of salary.” In view of the above direction of the Government, there cannot be any WA 1231/2006 2 further grievance for the appellant. But, the learned counsel for the appellant submits that so far the said direction of the Government is not implemented. 2. The learned counsel for the 2nd respondent submits that the said respondent proposes to challenge Annexure-III order in appropriate proceedings. 3. In view of Annexure-III, the Writ Appeal is disposed of with a direction to the 2nd respondent to implement Annexure-III 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 the 2nd respondent to challenge Annexure-III 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-III order. The direction to implement Annexure-III will be subject to any orders that may be passed by the competent authority before which the said order is WA 1231/2006 3 challenged. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/