IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 4^TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WA NO. 284 OF 2022 AGAINST THE JUDGMENT DATED 17.11.21 IN WP(C)NO.14653/2021 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENT NOS.1 TO 4 IN W.P(C):

1 STATE OF KERALA REPRESENTED BY LAW SECRETARY, LAW(INSPECTION) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 LAW SECRETARY LAW(INSPECTION)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

3 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030

4 THE DISTRICT GOVERNMENT PLEADER ERNAKULAM DISTRICT OFFICE,ERNAKULAM, PIN - 682031 SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER RESPONDENT/PETITIONER IN W.P(C):

P.P BIJU S/O PATHROSE,PAINADATH,KARIYAD, MEKKAD P.O,ALUVA, PIN - 683589 BY ADV VINOD RAVINDRANATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

(CR)

ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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W.A No.284 of 2022 [arising out of the impugned judgment dated 17.11.2021 in W.P(C) No.14653/2021]

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Dated this the 04^th day of March, 2022

JUDGMENT

Alexander Thomas, J.

The judgment dated 17.11.2021 rendered by the learned Single Judge, finally disposing of the instant petition (civil), W.P(C) No.14653/2021, by mainly allowing pleas therein, is under challenge in this intra-court appeal filed under Sec.5(i) of the Kerala High Court Act.

2. The appellants herein are the respondents in the above W.P(C).

The sole writ petitioner therein is the sole respondent herein. The respondent herein will be referred for convenience as 'the writ petitioner/petitioner'.

3. Heard Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the appellants in the W.A/respondents in the W.P(C) and Sri.Vinod Ravindranath, learned counsel appearing for the respondent in the W.A/writ petitioner.

4. The prayers in the writ petition (civil), W.P(C) No.14653/2021 filed by the respondent herein, are as follows :

“a) To call for the records leading up to Ext.P7 and to issue a writ of mandamus or any other appropriate writ, order or direction quashing Exhibit P7 issued on behalf of the 2^nd respondent;

b) To issue a writ of mandamus or any other appropriate writ, order or direction allowing Ext.P3 application directing the 2^nd respondent to pay the petitioner the back wages from December, 2019 to 18.02.2021 within a time limit to be fixed by this Hon'ble Court.

and c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may prays from time to time.”

5. The petitioner is an Advocate enrolled on the rolls of the Bar Council of Kerala. As per Ext.P-1 G.O(MS) No.204/2016/Law dated 02.12.2016, the competent authority of the State Government in the Law Department has appointed the petitioner as Government Advocate at the Munsiff Court Centre, Aluva, for a period of three years from the date of assumption of charge or till the attainment of 60 years, whichever is earlier. Two persons including the petitioner have been appointed as Government Advocates for Munsiff Courts, as per Ext.P-1. Incidentally, it is relevant to note that as per para No.3 of Ext.P-1 appointment order, the Government has clearly ordered therein that the predecessors in office, who were to be replaced by the new appointees, shall hand over charges to the newly appointed Advocates forthwith.

6. The petitioner had taken charge as Government Advocate, Munsiff Court, Aluva, as per Ext.P-2 15.12.2016 in pursuance of Ext.P-1.

There were no complaints whatsoever in regard to the duties and responsibilities discharged by the petitioner as Government Advocate. Going by the terms and conditions of Ext.P-1, the petitioner could have continued for a period of three years from the date of assumption of charge (15.12.2016), which is upto 15.12.2019 or till he attains the age of