Case brief
What is this about?
Civil Appeal No. 5907 of 2008 (with companion C.A. No. 5908 of 2008), Supreme Court of India, decided 30 September 2008; bench: Dr. Arijit Pasayat and Dr. Mukundakam Sharma, JJ., judgment delivered by Dr. Arijit Pasayat, J. State of Kerala & Anr. v. Prof. D. Gopalakrishna Pillai & Ors. - appeal against Division Bench dismissal (judgment dated 19.7.2005, W.A. No. 1432 of 2005, High Court of Kerala, Ernakulam) of the State's writ appeal, which rested on the Full Bench decision in Accountant General v. Kunjamma [2003 (3) KLT 345]; matter remitted to the High Court for fresh hearing and decision in the light of State of Kerala v. P V Neelakandan [2005(5) SCC 561] and C.A. No. 2907 of 2005. Keywords: precedent, identical matters, writ appeal, remittal, Kerala High Court, reliance on Supreme Court decisions.
What did the court decide?
No substantive relief; the matter was remitted to the High Court to be heard afresh and the writ appeal decided in the light of State of Kerala v. P V Neelakandan [2005(5) SCC 561] and C.A. No. 2907 of 2005. Formally, the appeal was 'disposed of accordingly'.