IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – Appellant
Versus
DR. ZACHARIAH GEORGE S/O. DR.K.L.GEORGE – Respondent
WA NO. 1235 OF 2020 | WP(C) NO.25154 OF 2019
| Table of Content |
|---|
| 1. interim order for payment of salary to the petitioner as professor. (Para 1 , 2) |
| 2. procedural discussion regarding the admissibility and context of the writ appeal. (Para 3 , 4 , 5 , 6) |
| 3. closure of appeal with leave for legal and factual contentions. (Para 7 , 8) |
Anil K. Narendran, J.
This writ appeal filed by respondents 1 to 4 in W.P.(C)No.25154 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 1st 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 5th respondent therein, i.e., the Kerala University of Health Sciences; and a declaration that as long as the University has approved the 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 his 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.25154 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 293 days, which was condoned by the order dated
25.09.2020.
4. On 25.09.2020, when this writ appeal came up for admission, the matter was admitted on file. No interim order was granted by the Division Bench.
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 1st respondent-petitioner and also the learned Standing Counsel for Kerala University of Health Sciences.
7. By the judgment dated 14.03.2025, the learned Single Judge disposed of the connected writ petitions, i.e., W.P.(C)Nos.35237 of 2009, 11018 of 2019, 25113 of 2019, 25138 of 2019, etc. Paragraph 36, 37 and also the last paragraphs of that judgment read thus;
“36. As per paragraph 6.1 of the agreement there shall be a selection co
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