IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2492 of 2009()
1. THE DIRECTOR,
... Petitioner
2. THE INSTITUTE OF MENTAL HEALTH AND
3. STATE OF KERALA,
Vs
1. P. SARASWATHY,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :09/12/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.A.No.2492 of 2009
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Dated this the 9th day of December, 2009
JUDGMENT
Kurian Joseph, J.
This writ appeal is at the instance of
the respondents in the writ petition. In the
nature of the order which we propose to pass, we
do not think it necessary to go into the various
questions raised in the writ appeal, since the
appeal is filed only against an interim order.
2. The main prayer in the writ petition
pertains to the question as to whether the writ
petitioner is entitled to continue beyond the
age of 55 years in the 2nd appellant institute,
in which the 1st appellant is the Director. The
question has to be considered in the writ
petition itself.
3. We are informed that the steps taken
by the Institute to terminate the services of
such people are pending consideration before the
learned single Judge in W.P.(C)No.3309/05.
There is also an interim order staying the
W.A.No.2492 of 2009
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termination. In that view of the matter, unless
both the writ petitions are clubbed together,
heard together, and disposed of by common
judgment, there is every likelihood of the
question being answered differently. We also
feel that certain observations and finding in
the interim order under appeal are likely to
have an impact on the decision in the writ
appeal.
4. Therefore, there will be a direction
that W.P.(C)No.31153/08 should be consolidated
with W.P.(C)No.3309/05. The same will be posted
forthwith, according to roster, so that they may
be disposed of expeditiously.
5. Subject to the continuance of the
interim order in W.P.(C)No.3309/05, the
respondent herein shall be continued in service.
Needless to say that, so long as the respondent
is in service, she shall be paid salary and
other service benefits available to the post,
subject to the final decision in the writ
petitions. In that view of the matter, we set
aside the interim order under appeal.
W.A.No.2492 of 2009
:: 3 ::
Writ appeal is disposed of as above.
Sd/-
(KURIAN JOSEPH)
JUDGE
Sd/-
(C.T.RAVIKUMAR)
JUDGE
SK/-
//true copy//
P.S. to Judge.