IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WA.No. 426 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11804/2007 Dated 24/05/2007 .................... APPELLANT: APPELLANT/3RD PARTY: --------------------------------------------------------- K. AJAYAKUMAR, SECTION OFFICER, GENERAL EDUCATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, RESIDING AT ARUNIMA, CHEMMANAKADU P.O., KOLLAM. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: PETITIONERS & RESPONDENTS: -------------------------------------------------------------------------- 1. P. SHERLY, SELECTION GRADE ASSISTANT, GENERAL ADMINISTRATION DEPARTMENT (ACCOUNTS),GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, RESIDING AT VALIYAVILAYIL, T.C.7/1006(I), BHASI NAGAR, KOCHULLUR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. S. SREEVALSAN, SELECTION GRADE ASSISTANT,GENERAL ADMINISTRATION (P&ARD), GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, RESIDING AT SREERANGAM, ARASUMMOODU,KULATHOOR P.O. THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 4. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 5. GEORGE CHACKO, SECTION OFFICER, TRANSPORT (B) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 6. SAJI B., SELECTION GRADE ASSISTANT, SC/ST(G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.A.No.426 OF 2008 ------------------------------------- Dated 19th February, 2008 JUDGMENT Koshy,J . The learned Judge directed to consider and pass orders on Exts.P1 to P4 in accordance with law after affording an opportunity of being heard to the petitioners and other affected persons. Learned Judge only stated that on the ground of delay alone statutory rights given to the petitioners shall not be denied, but, the merits of the claim were not adjudicated. We see no ground to interfere with the same. With regard to the merits of claim, authorities have to consider the same. We also note that the writ appeal filed by the respondents was already dismissed by judgment dated 16th January, 2008 in W.A.No.2963 of 2007. With the above clarification, the appeal is disposed of. J.B.KOSHY JUDGE K.HEMA JUDGE tks