IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WA.No. 546 of 2005 -------------------- AGAINST THE JUDGEMENT IN OP.15203/2001 Dated 07/04/2004 .................... APPELLANTS/RESPONDENTS 1 TO 4 IN THE OP: ---------------------------------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVACIS. RESPONDENTS/PETITIONER AND 5TH RESPONDENT IN THE OP: ---------------------------------------------------------------------- 1. M.P.JOHNSON, S/O.M.T.PAVU, FULL TIME MENIAL, ST.GEORGE'S HIGH SCHOOL, PUTTEKKARA, P.O.ANJUR-MUNDUR, THRISSUR. 2. THE MANAGER, ST.GEORGE'S HIGH SCHOOL, PUTTEKKARA, P.O.ANJUR-MUNDUR, THRISSUR. R1 BY ADV. SRI.V.A.MUHAMMED SRI. K.E.HAMZA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 546 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011 JUDGMENT Antony Dominic, J. The 1st respondent filed the writ petition mainly claiming that he is entitled to be paid wages in the post of Full Time Menial for the period from 15.07.1984 to 13.02.1994, when he was reinstated in service. 2. A reading of the judgment shows that in the Original Petition the respondent had clearly pleaded that in spite of the abolition of the post, during the aforesaid period, he had worked continuously in the School. In paragraph 8 of the judgment, the learned Single Judge found that the said plea of the respondent has not been denied by the appellants. It is on that basis, the relief has been granted to the respondent. 3. Though this appeal was filed way back in 2005, the appeal is coming up for admission only now. When the appeal was taken up for admission, the learned Government Pleader also made a submission that the monetary benefits of the judgment have been disbursed to the respondent as early WA No. 546 of 2005 -:2:- as on 24.02.2005. Thus, in the light of the factual finding arrived at by the learned Judge which has not been shown to be wrong for any reason, and the payments made, virtually, the appeal has been infructuous. 3. Be that as it may, the learned Government Pleader contended that, if as a matter of fact, the respondent had worked during the aforesaid period against a non-sanctioned post, the liability to pay the dues to the respondent was that of the Manager and not of the Government. In this case on the facts as noticed above and since Manager is not a party, we are not called upon to decide the said issue. Therefore, having regard to the facts as noticed above, we dismiss the writ appeal. However, we clarify that the questions raised by the Government are left open. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WA No. 546 of 2005 -:3:-