IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WA.No. 2018 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.33889/2000 Dated 05/07/2007 .................... APPELLANTS: RESPONDENTS IN THE WPC ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER MR. BENNY GERVASIS RESPONDENT(S): PETITIONER IN THE OP ----------------------------------- G.SANKARANARAYANA PILLAI, TECHNICAL ASSISTANT (PFA) RETD., KOCHUMADATHIL THRIPPARAPPU, KANYAKUMARI DISTRICT. ADV. SRI.CHERIAN VARGHESE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.1R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 2018 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of August, 2011 JUDGMENT Ramachandra Menon J. The writ petition filed by the petitioner seeking to have the Muncipal Common Services counted for the purpose of pensionary benefits was allowed by the learned Single Judge by the judgment dated 12.08.2011 in W.P(C) No. 33889 of 2000, which is under challenge in this Writ Appeal filed by the State. 2. When the matter was admitted on 15.01.2010, an interim order was passed, directing the Government to take a decision as to past service of the writ petitioner or as to the pension contribution accumulated in his name. 3. The learned Government Pleader appearing for the appellant submits that, pursuant to the interim order, a decision has been taken by the Government on 29.04.2010, ordering the pension contribution already accumulated in the name of the writ petitioner to be returned; which however is under challenge in W.P(C) No. 24915 of 2010. W.A. No. 2018 of 2008 : 2 : In the said circumstances, nothing survives to be considered in this Appeal. The Writ Appeal is closed accordingly, leaving the rival contentions open, to be dealt with in the concerned writ petition. Sd/- J. CHELAMESWAR, CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True Copy/ P.A. to Judge W.A. No. 2018 of 2008 : 3 :