Allowed

State of Kerala v. K.P.Lailaram

Kerala HC12 Oct 2010RP/896/2010

Case brief

AI extract

What is this about?

The Kerala High Court allowed the State of Kerala's review petition seeking recall of a judgment that had granted service recognition in the Cochin Dock Labour Board for pension purposes, ruling such recognition should not have been granted based on an inadvertent error by the State's legal representative.

What did the court decide?

The review petition was allowed and the judgment dated 10.3.2010 was recalled, directing post the original petition matter for hearing.

State of Kerala Vs K.P.Lailaram — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932

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RP.No. 896 of 2010()

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------------------------AGAINST THE JUDGEMENT/ORDER IN OP.3478/2001

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REVIEW PETITIONER(S): RESPONDENTS 1 & 2 IN THE WPC

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1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

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BY GOVT. PLEADER SRI. SANDESH RAJA

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RESPONDENT(S): PETITIONER & 3RD RESPONDENT IN THE WPC

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1. K.P.LAILARAM, KOCHILATT HOUSE, MULAVUKAD.P.O., KOCHI-682 504.

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2. COCHIN PORT TRUST, REP. BY ITS SECRETARY KOCHI, SECRETARY COCHIN PORT TRUST, ERNAKULAM - PIN-682 004.

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R2 BY ADVS. DR. K.P. SATHEESAN, SRI. A.M. SHAFFIQUE

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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svs/

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S.SIRI JAGAN, J.

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R.P No.896 OF 2010 in O.P.No.3478 of 2001

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Dated this the 12^th day of October, 2010

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O R D E R

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This Review Petition is filed by the State seeking review of my judgment dated 10.3.2010, which was rendered on the basis of an admission made by the learned Government Pleader appearing in the case to the effect that the service of the petitioner in the writ petition in the Cochin Dock Labour Board can also be reckoned for the purpose of retirement benefit due to the petitioner, if the petitioner pays pro-rata pension contribution payable by the Cochin Dock Labour Board. The Review Petition is filed on the basis that the submission made by the learned Government Pleader was wrong and there is no provision in Government orders for reckoning service in the Cochin Dock Labour Board for the purpose of pension in the Government service, even if pro-rata pension contribution is paid by the Government employee.

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I have heard both sides.

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In view of the submission that the learned Government Pleader had made a wrong submission inadvertently, I am inclined to recall my judgment dated 10.3.2010. Accordingly, the

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R.P No.896 OF 2010 in O.P.No.3478 of 2001 2

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Review Petition is allowed and the judgment dated 10.3.2010 is

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recalled. Post the original petition for hearing.

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S.SIRI JAGAN, JUDGE.

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mns

State of Kerala v. K.P.Lailaram

Case brief

What is this about?

What did the court decide?

State of Kerala v. K.P.Lailaram

Case brief

What is this about?

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