Review petition challenging judgment dated 30.11.2011 on grounds of inconsistency with other petitions where relief was granted. Held judgment legally correct; petitioners approached Government per Government decision.
Review petition dismissed without prejudice to right of petitioners to represent the matter to the Government.
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 S.SIRI JAGAN
FRIDAY, THE 13TH DAY OF JANUARY 2012/23RD POUSHA 1933
RP.No. 25 of 2012 (C) IN WPC/36780/2007
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(AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.36780/2007) .......................................................................
PETITIONER (S) :
1. R.GURUVAYURAPPAN AGRICULTURAL OFFICER, KRISHI BHAVAN, PALLASSANA, PALAKKAD.
2. P.SIVASANKARAN ACHARY, AGRICULTURAL OFFICER, KRISHI BHAVAN, AYILOOR, PALAKKAD.
3. P.RAVEENDRANATHAN, AGRICULTURAL OFFICER, KRISHI BHAVAN, NALLEPULLY, PALAKKAD.
4. SREEKUMAR AGRICULTURAL OFFICER, STATE SEED FARM, KONGADU, PALAKKAD.
5. K.RAVEENDRAN AGRICULTURAL OFFICER, KRISHI BHAVAN, SREEKRISHNAPURAM, PALAKKAD.
6. K.RAMAKRISHNAN, AGRICULTURAL OFFICER, KRISHI BHAVAN SREEKRISHNAPURAM, PALAKKAD.
Contd..2
AMV
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RP.No. 25 of 2012 (C) IN WPC/36780/2007
7. M.D.RAVEENDRAN AGRICULTURAL OFFICER, KRISHI BHAVAN, ANTHIKKAD, THRISSUR.
8. R.SASIKUMAR NAIR, AGRICULTURAL OFFICER, KRISHI BHAVAN, THRIKKATIRI, PALAKKAD.
BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN
RESPONDENTS (S) :
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF AGRICULTURAL, THIRUVANANTHAPURAM - 695 001.
3. THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD, PIN - 678 001.
4. THE PRINCIPAL AGRICULTURAL OFFICER, THRISSUR, PIN - 680 001.
5. ACCOUNT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM - 695 001.
BY SRI.MOHAMMED SHAH, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Contd..3
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RP.No. 25 of 2012 (C) IN WPC/36780/2007
APPENDIX
PETITIONER(S) ANNEXURES :
ANNEXURE A: COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT IN WRIT PETITION (C) 34799/2003.
ANNEXURE B: COPY OF THE JUDGMENT DATED 15-11-2011 OF THE HONOURABLE COURT IN WRIT PETITION (C) NO.34799/2003.
RESPONDENTS' ANNEXURES : NIL
/TRUE COPY/
P.A.TO JUDGE
AMV
S.SIRI JAGAN, J.
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R.P.No. 25/2012 in W.P.(C).No. 36780/2007
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Dated this the 13th day of January, 2012
O R D E R
This review petition is filed by the petitioners in W.P.(C).No. 36780/2007 seeking review of my judgment dated 30.11.2011 on the ground that in other writ petitions, on the basis of a decision of the Government themselves, the reliefs prayed for in the writ petition have been granted to other similarly placed employees. I am of opinion that that does not make my judgment wrong in any way. I am satisfied that my judgment is legally correct. But if the Government has given the reliefs prayed for by the petitioners to other similarly placed employees, certainly the petitioners can take up the matter with the Government and the Government is bound to take note of the situation appropriately. Without prejudice to that right, this review petition is dismissed.
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Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
1 issue framed by the court
Whether inconsistency of judgment with other writ petitions granting similar relief to similarly placed employees renders the present judgment legally wrong warranting remand.
R. GURUVAYURAPPAN AGRICULTURAL OFFICER & OTHERS
STATE OF KERALA & OTHERS
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
