STATE OF KERALA Vs. K.M. MOHAMMED BASHEER

JUDGEMENT

(1.) WRIT Appeal Nos. 1414/2011 and 1385/2011 are between the parties in the original application before the learned Single Judge .

(2.) WRIT Appeal Nos.1825 /2011and 1823/2011 are filed by third parties seeking leave of the court to file appeals contending that they are aggrieved by the directions of the learned Single Judge in the impugned judgment.

(3.) IT is not in dispute, against the Full Bench Judgment of this Court in Balakrishnan Nair v. Ram Mohan Nair - 1998 (1) KLT 766 (FB), the Special Leave Petition was filed. As could be seen from the records placed before the Court, SLP against the judgment of the Full Bench came to be dismissed upholding the view of the Full Bench. Apparently, these Writ Petitioners were not parties to the Special Leave Petition, but they were similarly situated persons. According to the petitioners, by virtue of initial appointments to the Administrative Secretariat, they have a lien in the parent department and, only if, they are confirmed in accordance with the regulations in the transferee department, they would lose their lien in the parent department. It is further contented, as long as no such confirmation in the transferee department is made, they shall continue to hold their lien in the parent department and, therefore, having submitted their applications for repatriation to the parent department, there was no justification for confirmation of them in the transferee department hurriedly, and it was done only to overcome the law declared by the Full Bench which came to be confirmed with the dismissal of SLP.