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2006 DIGILAW 457 (KER)

MRS. A. K. Annie, Lady Health Inspector v. State of Kerala, Represented by The Secretary To Government

2006-07-25

K.A.ABDUL GAFOOR, K.P.BALACHANDRAN

body2006
Judgment :- Abdul Gafoor, J. Writ appeal is directed against the interim order in W.P.C.No.12195/2006. The appellants sought for a stay for reversion. The learned Single Judge granted the stay order; but later it was modified as per the impugned order making it clear that “in case the writ petition is allowed and it is found that the petitioners were not liable to be reverted, they would be entitled to all consequential benefits including arrears of salary”. In the wake of this direction granted to the writ appellants/petitioners it was suggested from the court that the writ appeal cannot be entertained in the light of the pronouncement of the full bench decision in K.S. Das v. State of Kerala – 1992 (2) KLT 358. It is contented by the counsel for the appellant after noting the said decision that when there is prejudice necessarily writ appeal will be maintainable. 2. Conclusion No.2 of the said decision of the full bench reads as follows: “But this does not mean that the Division Bench hearing the appeal against such ‘orders’ will have to admit the appeal or have to modify the impugned order or set it aside the same in every case. There is difference between the question whether an appeal lies to a Division Bench and as to the scope of interference. Normally, discretionary orders are not interfered with unless the impugned orders are without jurisdiction, contrary to law, or are perverse, and they also cause serious prejudice to the parties in such a manner that it might be difficult to restore the status quo ante or grant adequate compensation. The idea is to provide an internal remedy in such cases without compelling the parties to go all the way to the Supreme Court under Art. 136 of the Constitution of India or increase the burden of that court unnecessarily.” 3. In the light of the observation of the learned Single Judge, they will get their entire benefits in case the writ petition is later allowed. In effect, whatever damage the petitioners may suffer is ensured to be recouped in case they succeed. Therefore the aforesaid, dictum squarely applied to this case. 4. We feel nothing for interference in this writ appeal. Writ appeal fails and is accordingly dismissed.