REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5907  OF 2008 (Arising out of SLP(C) No. 26243 of 2005)

State of kerala & Anr. …..Appellants

Versus

Prof. D. Gopalakrishna Pillai & Ors. ...Respondents

(With Civil Appeal No.5908   of 2008 @ SLP (C) No.6257/2007)  

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge  in  these  appeals  is  to  the  judgment  of  a

Division Bench of the Kerala High Court dismissing the appeal

filed by the State.   Before the High Court  it was contended

that  the  decision  of  the  full  Bench  of  the  High  Court  in

Accountant General v. Kunjamma [2003 (3) KLT 345] relied on

by learned Single Judge was in appeal before this Court and

an order of stay of the said Court had been passed.  But, the

High Court was of the view that in view of the decision of the

Full Bench the writ appeal was without merit.

3. It is submitted that the High Court’s judgment is dated

19.7.2005, while the identical issue came up for consideration

in  State  of  Kerala v.  P.V.  Neelakandan [2005(5)  SCC 561],

which was decided on 11.7.2005.

4. Learned  counsel  for  the  appellant  submitted  that  the

view expressed in C.A. No. 2907 of 2005 decided on 22.2.2001

has also relevance.    

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5. We are of  the view that the case  at  hand needs  to be

decided  in  line  with  what  has  been  stated  in  P.V.

Neelakandan’s case  (supra)  and in C.A.  2907  of  2005.  We,

therefore,  remit  the  matter  to  the  High  Court  to  hear  the

matter afresh and decide the writ appeal in the light of what

has been stated by this Court in the aforesaid two decisions.

6. The appeal is disposed of accordingly.

…………..…………………..…..J. (Dr. ARIJIT PASAYAT)

……………………..…………….J. (Dr. MUKUNDAKAM SHARMA)     

New Delhi, September 30, 2008

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