High Court Kerala High Court

K.S.Sony vs State Of Kerala on 5 December, 2006

Kerala High Court
K.S.Sony vs State Of Kerala on 5 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2118 of 2005(B)


1. K.S.SONY, SECRETARY,
                      ...  Petitioner
2. K.PREMKUMAR, SECRETARY,
3. P.A.ANUJAN, SECRETARY,
4. C.P.SAJEEVAN, SECRETARY,
5. B.ABDUL FATHAH, SECRETARY,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF PANCHAYATHS,

3. P.D.JOSHY, HEAD CLERK,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  :SMT.V.P.SEEMANDINI

The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :05/12/2006

 O R D E R
  K.A.ABDUL  GAFOOR & K.R. UDAYABHANU, JJ.


    ==============================


             W.A.NOS.2118 & 2322 OF 2005


    ============================


 DATED THIS THE 5TH DAY OF DECEMBER   2006


                            JUDGMENT

Abdul Gafoor,J.

These appeals are filed against the interim orders

passed by a learned Single Judge in W.P.C.Nos.28528

& 28281/2005 wherein reversions of the appellants

have been challenged. The learned Single Judge did

not grant stay of reversions, but made it clear that

such reversion shall be subject to result of the writ

petitions. The appellants/writ petitioners have carried

the matter in these appeals seeking for stay of

reversion. When reversions are not stayed, exercising

the discretion vested in the learned Single Judge and in

case the writ petitions finally allowed, they can be

WA.2118 & 2322/2005 -2-

restored to the status quo ante or granted adequate

compensation as if they had not been reverted, such

discretion cannot be stated to be unjustified. In this

regard, conclusion No.2 reached in the decision of this

Court in K.S.Das v. State of Kerala,[1992(2)KLT

358(F.B.)] may be noticed. It reads:

“But this does not mean that the Division

Bench hearing the appeal against such

`orders’ will have to admit the appeal or

have to modify the impugned order or set

it aside the same in every case. There is

difference between the question whether

an appeal lies to a Division Bench and as to

the scope of interference. Normally,

discretionary orders are not interfered with

unless the impugned orders are without

jurisdiction, contrary to law, or are

perverse, and they also cause serious

prejudice to the parties in such a manner

that it might be difficult to restore the

status quo ante or grant adequate

compensation. The idea is to provide an

internal remedy in such cases without

WA.2118 & 2322/2005 -3-

compelling the parties to go all the way to

the Supreme Court under Article 136 of the

Constitution of India or increase the burden

of that court unnecessarily.”

In the light of this decision, the interim order

passed in exercise of the discretion of the learned

single Judge cannot be interfered as if the original

petitions are allowed, the appellants can be restored to

their eligible positions with necessary benefit. Hence,

the writ appeals are dismissed. We make it clear that

in case the writ petitions are allowed, the appellants

are entitled to all pay and allowances as if they were

not reverted.

Sd/-

K.A.ABDULGAFOOR

JUDGE

Sd/-



                                         K.R.UDAYABHANU,

                                                JUDGE



ks.                               TRUE COPY





                                  P.S.TO JUDGE


WA.2118 & 2322/2005    -4-