IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF AYUSH – Appellant
Versus
DR. G. MADHU – Respondent
WA NO. 287 OF 2020 | W.P.(C) NO.11018 OF 2019
| Table of Content |
|---|
| 1. invoke extraordinary jurisdiction under article 226 for salary payments. (Para 1 , 2) |
| 2. challenges against interim orders and procedural aspects. (Para 3) |
| 3. court's decision on the moot nature of the case. (Para 4 , 6 , 7 , 8) |
Anil K. Narendran, J.
This writ appeal filed by respondents 1 to 3 in W.P.(C)No.11018 of 2019 arises out of the interim order dated 14.06.2019 of the learned Single Judge in that writ petition, which was one filed by the 1st respondent herein-petitioner, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus directing the respondents 1 to 3 and 5 to pay salary to the petitioner with effect from 01.04.2012 and to release the arrears within a time limit to be fixed by this Court; and a writ of mandamus directing the respondents 1 to 3 and 5 to quantify the benefits other than salary due to the petitioner with effect from 01.04.2012 and to pay the amounts within a time limit fixed by this Court.
2. On 14.06.2019, when W.P.(C)No.11018 of 2019 came up for consideration, the learned Single Judge passed and interim order. The operative portion of the said order reads thus;
“The Division Bench of this Court in W.A. No.1166 of 2016 has directed the implementation of order of approval of appointment of persons like the petitioners and the disbursal of the benefits thereon subject to the final outcome of W.P.C No.35561 of 2018 and connected cases. The petitioner will also be entitled to payment of salary and all due benefits subject to the result of the said writ petition. There will be an interim direction to the respondents to release the pay and allowances due to the petitioner on the strength of Ext.P6.”
3. Challenging the interim order dated 14.06.2019 of the learned Single Judge in W.P.(C)No.11018 of 2019, the appellants- respondents 1 to 3 have filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958 , along with C.M. Application No.1 of 2020 for condoning the filing delay of 214 days, which was condoned by the order dated
05.03.2020.
4. On 12.03.2020, when this writ appeal came up for admission, the matter was admitted on file and granted an interim order staying the operation of the interim order dated 14.06.2019 for a period of three weeks.
5. The interim order dated 19.06.2020 of the Division Bench of this Court in a connected matter, i.e., W.A.No.687 of 2020, arising out of the interim order of the learned Single Judge in W.P.(C)No.26976 of 2019, was under challenge before the Apex Court in S.L.P.(C)No. 10603 of 2020, in which the Apex Court granted an interim stay on 18.11.2020. Thereafter, the said S.L.P.(C) was dismissed by the order of the Apex Court dated 03.02.2026, since the learned Single Judge has already disposed of the writ petition, i.e., W.P.(C)No.26976 of 2019. The order dated 03.02.2026 of the Apex Court reads thus;
“1. Heard learned counsel for the parties on I.A.No. 136451 of 2025, seeking dismissal of Special Leave Petition as having been infructuous. Both the parties would jointly submit that the Special Leave Petitions have been rendered infructuous, because the Division Bench was considering the issue at the stage of interim relief by the Single Judge and now the Writ Petition before the Single Judge has already been disposed of.
2. Accordingly, the Special Leave Petitions are disposed of as being infructuous.
3. Pending application(s), if any, shall stand disposed of.”
6. Heard arguments of the learned Senior Government Pleader for the appellants-respondents 1 to 3, the learned Standing Counsel for Kerala University of Health Sciences for the 2nd respondent, Sri.P. Ramakrishnan, the learned counsel for the 3rd respondent and Sri.Pirappancode V.S.Sudheer, the learned counsel for the 4th respondent.
7. By the judgment dated 14.03.2025, the learned Single Judge disposed of W.P.(C)No.35237 of 2009 and connected matters, including W.P.(C)No.11018 of 2019.
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