IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 731 of 2009()
1. YESODA.V., ATTENDANT (NOW RETD.)
... Petitioner
2. T.MOHANAN, ATTENDANT (NOW RETD.)
Vs
1. SECRETARY TO GOVERNMENT OF KERALA,
... Respondent
2. DIRECTOR OF ANIMAL HUSBANDRY DEPARTMENT
3. DIRECTOR, INSTITUTE OF ANIMAL HEALTH
For Petitioner :SRI.A.RAJASIMHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :03/04/2009
O R D E R
K. BALAKRISHNAN NAIR &
M.L. JOSEPH FRANCIS, JJ.
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W.A.No. 731 of 2009
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Dated this the 3rd day of April, 2009
JUDGMENT
Balakrishnan Nair, J.
The appellants are the writ petitioners. They approached
this Court seeking the following reliefs:
“1) Issue a writ of mandamus, or any other
writ, order or direction directing the respondents to
grant the risk allowance as per Exhibit P1 G.O.(P)
480/89/Fin dated 1.11.1989, to the petitioners and
disburse the entire arrears immediately.
2) Issue such other orders or directions which
this Honourable Court deem fit and proper in the
interest of justice.”
2. The learned Single Judge directed the appellants to file a
representation before the Government high lighting their claim
and a direction was issued to the Government to consider that
representation in accordance with law, within a time limit.
Dissatisfied with the above direction issued by the learned Single
Judge, this writ appeal was filed.
W.A.No. 731 of 2009
2
3. We find that the claim of the appellants have already been
considered by the Government and rejected. The said order has not
been challenged in time. However, the learned Single Judge was
liberal beyond the requirement of law and permitted the appellants to
file representation and further directed the Government to consider
that representation. Therefore, the present appeal is unsustainable in
law and it cannot be entertained.
4. This appeal is accordingly dismissed. The appellants may
file representation before the Government, if they have not filed the
same so far, within two weeks from today.
(K. BALAKRISHNAN NAIR)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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