Judgment discusses the scope of interim orders and the necessity of addressing underlying merits in related cases.

Anil K. Narendran, J.

This writ appeal filed by respondents 1 to 4 in W.P.(C)No.25113 of 2019 arises out of the interim order dated 17.10.2019 of the learned Single Judge in that writ petition, which was one filed by the 1^st respondent herein-petitioner, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to sanction, draw and disburse the salary and arrears due to the petitioner in the post of Professor, for which approval was already granted by the 5^th respondent therein, i.e., the Kerala University of Health Sciences; and a declaration that as long as the University has approved promotions made by the college pursuant to Ext.P2 Government order dated 24.09.2016, and the University has approved the same as evident from Ext.P4 order dated 04.08.2018, the petitioner is entitled to receive her salary and arrears in the post of Professor.

2. On 17.10.2019, when the writ petition came up for consideration, the learned Single Judge, while ordering the writ petition to be listed along with the connected matters, i.e., W.P.(C)Nos.35561, 35745 of 2018 and 26976 of 2019, ordered that, in the meanwhile, there will be a direction to respondents 1 to 4 therein to ensure that the current salary of the petitioner is paid in the grade of Professor, which will be subject to the result of the writ petition.

3. Challenging the interim order dated 17.10.2019 of the learned Single Judge in W.P.(C)No.25113 of 2019, the appellants- respondents 1 to 4 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 294 days, which was condoned by the order dated

01.02.2021.

4. On 03.02.2021, when this writ appeal came up for admission, the matter was admitted on file and issued an interim order staying the operation of the impugned order for a period of four 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 4, Sri.Sajeev Kumar K.Gopal, the learned counsel for the 1^st respondent-petitioner and also the learned Standing Counsel for Kerala University of Health Sciences for the 2^nd 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.25113 of 2019. Paragraph 36, 37 and also the last paragraphs of that judgment read thus;

“36. As per paragraph 6.