The Kerala High Court allowed a review petition to recall a previous judgment. The petitioner sought to reconsider his eligibility for original fixation despite a prior disposal regarding the release of eligible funds.
Review petition allowed; judgment dated 30.03.2007 in W.P.(C) No.27311/2004 recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930
RP.No. 454 of 2007(B)
-------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.27311/2004 Dated 30/03/2007
REVIEW PETITIONER/WRIT PETITIONER
-------------------------------
P.K.RAVINDRAN, RETIRED EXECUTIVE ENGINEER, "SIVAN", GANDHI NAGAR, KOORKKANCHERY, THRISSUR.
BY ADV. SRI.B.SAINU
RESPONDENTS:
-----------------------
1. THE CHIEF ENGINEER (ROADS AND BRIDGES), P.W.D. THIRUVANANTHAPURAM.
2. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
KURIAN JOSEPH, J.
--------------------------------------R. P. No. 454 OF 2007 IN W.P.(C) No. 27311 OF 2004
Dated this the 8th day of August, 2008.
O R D E R
This is a petition to review the judgment dated 30.03.2007 in W.P.(C) No.27311/2004. In view of Exhibit P2 representation, this Court directed to take action on Exhibit P2. It is submitted that Exhibit P2 had already been disposed of releasing the eligible amounts. What survives is the eligibility of the petitioner for the original fixation. That is a matter to be considered on merits. Therefore, this review petition is allowed and the judgment dated 30.03.2007 in W.P.(C)No. 27311/2004 is recalled.
KURIAN JOSEPH, JUDGE.
smp
KURIAN JOSEPH, J.
R.P No. 454 OF 2007 IN
W.P.(C) No. 27311 OF 2004
O R D E R
08.08.2008
1 issue framed by the court
Whether the review petition should be allowed to reconsider the petitioner's eligibility for original fixation given a fresh representation?
P.K.RAVINDRAN
THE CHIEF ENGINEER (ROADS AND BRIDGES), P.W.D. THIRUVANANTHAPURAM
THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM
KURIAN JOSEPH
As recorded by the court registry
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