STATE OF KERALA Vs. AMMAD. K.K

JUDGEMENT

(1.) The above O.P. (KAT) is filed by the State of Kerala and the Director of Technical Education, challenging the judgment in O.A.1753/2015 dated 18-6- 2019, that quashed Annexure A5 and A8 orders impugned in the Original Application and declared that the respondent herein is entitled to claim the benefit of the service in the Kerala State Housing Board as qualifying service for pension along with the government service. The said judgment was based on the decision in Mohammed Basheer A. v. State of Kerala and Others [2014 (4) KHC 658].

(2.) It is now conceded by both sides that the said judgment in Mohammed Basheer (supra) is overruled by the Full Bench in W.A. No. 1291 of 2018. As such, the Original Petition is only to be allowed in favour of the State. However, the learned counsel for the respondents submitted that there were other contentions available to the respondents which was not urged as the Tribunal solely relied on the judgment in Mohammed Basheer (supra) which has since been overruled. In that view of the matter, whileallowing the OP (KAT) as above, we make it clear that this shall be without prejudice to the right of the respondents herein to move a review application before the Tribunal if so advised.