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2021 Supreme(Ker) 22

A.M.SHAFFIQUE, GOPINATH P.
C. N. Santhakumari Amma, W/O. N. P. Raj Mohanan Pillai – Appellant
Versus
State Of Kerala, By The Secretary To Government,, General Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.V.A.Muhammed, Sri.M.Sajjad, Advs.
For the Respondent: Sri.S.A.Anand, Sri.Aj. Varghese – Sr.Government Pleader, Sri.Peter Jose Christo, Smt.N.Santha, Sri.K.V.Vimal, Sri.S.P.Aravindakshan Pillay, Adv., Sri. A.J. Varghese-Sr. G.P.

JUDGMENT :

Gopinath, J.

W.P.(C)No.18494/2009 has been placed before the Division Bench on account of an order of reference dated 15.3.2018 of a learned Single Judge of this Court, noticing that there is a conflict of opinion in as much as the view taken by a learned Single Judge of this Court in Lalitha v. State of Kerala; 2008(1)KLT 416 was not followed in Meenakshikutty v. State of Kerala; 2011 (1) KLT 1032 on the premise that the view taken in Lalitha (supra) was contrary to the judgment of a Division Bench in Sreeramachandran v. State of Kerala; 2002 (2) KLT 428. The learned single Judge noticed the fact that Lalitha's case (supra) was affirmed (after Meenakshikutty (supra) was decided) by a Division Bench in W.A.No.2892/2007. The connected Writ Petition, namely, W.P.(C)No.18042/2010 was also ordered to be tagged along with W.P.(C)No.18494/2009. It is accordingly that these cases are coming up before us for adjudication. W.P.(C)No.18494/2009 is the lead case and the Exhibits referred to in this judgment, unless otherwise indicated, are referred to as they are marked therein.

2. The short question that arises for our consideration is whether a teacher who got the benefit of a Full-

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